IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.43722 OF 2016 (GM-KSR) BETWEEN:
SRI.M.SHANMANNA S/O LATE MUNISWAMAPPA AGED 86 YEARS, RESIDING AT DASARAHALLI VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT. … PETITIONER (By Mr. JAGADEESHACHARI, ADV.,) AND:
1. THE SUB-REGISTRAR DEVANAHALLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT .
2. THE DISTRCIT REGISTRAR BANGALORE RURAL DISTRICT, 3RD FLOOR, SATHYA COMPLEX, WEST OF CHORD ROAD, RAJAJINAGAR, BANGALORE-560010.
3. SMT SHEELA NAIK W/O N R NAIK, AGED 52 YEARS, NO.147/7, SRIRAMA ROAD, 2ND BLOCK, THYAGARAJANAGAR, BANGALORE-560028. … RESPONDENTS (By Mr. V SHIVAREDDY HCGP FOR R1 & R2 Mr. N R NAIK ADV. FOR R3) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to directions to the R-w to consider the Annexure-C dtd:16.7.2015 by way of writ of mandamus and etc.
This Petition coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:-
ORDER Sri.Jagadeeshachari, learned counsel for the petitioner.
Sri.V.Shivareddy, learned High Court Government Pleader for the respondent Nos.1 and 2.
Sri.N.R.Naik, learned counsel for the respondent No.3.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia has prayed for the following reliefs:
“a) Issue directions to the Respondent No.2 to consider the Annexure-‘C’ dated 16.07.2015 by way of Writ of Mandamus;
b) To pass such other relief or reliefs as this Hon’ble Court deems fit under the facts and circumstances of the case, including the award of costs, in the interests of justice and equity.”
4. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petition be disposed of with a direction to respondent No.2 to consider Annexure-C dated 16.07.2015. On the other hand, learned counsel for the respondent Nos.1 and 2 submitted that suitable action in accordance with law shall be taken.
5. In view of the aforesaid submissions and in the facts of the case, the petition is disposed of with a direction to the respondent No.2 to consider Annexure-C by a speaking order, if not already decided, within a period of six months from the date of receipt of certified copy of the order passed today after affording an opportunity of hearing to the petitioner and respondent No.3. It is made clear that this Court has not expressed any opinion with regard to the merits of the petition.
Sd/- JUDGE RV