IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.57705/2018 & WRIT PETITION Nos.1401-1409/2019 (LB-RES) Between:
Sri Moideen Abdulla Moideen, Formerly also known as P.A.Moidu Haji, S/o Late Abdulla Haji @ Abdulla Moideen, Aged about 66 years, Presently Residing at No.306, “The Presidium”, Opp. Ananda Shetty Circle, Attavar, Mangalore – 575 001.
... Petitioner (By Sri. B.L. Sanjeev, Advocate) And:
1. The State of Karnataka, Revenue Department, M.S. Building, Bangalore – 560 001, Represented by its Secretary.
2. The Commissioner, Mangaluru Mahanagara Palike, Lalbaugh, Mangalore – 560 003, Represented by its Commissioner.
3. The Commissioner, Mangaluru Urban Development Authority (MUDA), Urva Stores, Ashoknagara Post, Mangalore – 575 006.
... Respondents (By Sri. M.A. Subramani, HCGP for R-1; Sri K.V. Narasimhan, Advocate for R-2; Sri Hareesh Bhandary, Advocate for R-3) ***** These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondent No.2 to consider the representation of the petitioner dated 22.10.2018, vide Annexure-F and take appropriate action as sought for therein and etc.
These Writ Petitions coming on for preliminary hearing in ‘B’ Group, this day, the Court made the following:
O R D E R The petitioner states that he is co-owner of the properties comprised in Survey Nos.55/2A1A(P), 55/2A1A(P), 55/2A(P), 55/2Ap(P), 55/2A3(P), 55/2B2(P) (as per RTC 55/2A1P16, 55/2A1AP222, 55/2A1P1, 55/2A1P1, 55/2A1A3, 55/2A2A2, 55/2A1P17, 55/2A3P2, 55/2A1AP23, 55/2A1AP31, 55/2B2P4, 55/2A1P and 55/2B2P4 measuring 2.68.89 acres situated at Kannur village of Mangalore Taluk in Dakshina Kannada District.
2. The petitioner states that he has acquired rights as regards the property through sale deeds dated 15.11.2014 and 30.8.2016. The petitioner states that as regards the properties in question, a development plan is issued by the third respondent on 18.8.2017 vide reference No. ªÀÄ£À¥Áæ/£ÀAiÉÆøÀ/C.AiÉÆÃ/9/2017-2018.
It is the submission of the petitioner that the development plan has been approved at the instance of Dr.Jalaluddin.M.V. and others without his knowledge and consent and even though he has not signed the application for approval of the development plan. The petitioner states that he has made a representation dated 25.10.2018 to the third respondent which till date has not been considered.
3. The counsel for the third respondent states that the other co-owners ought to have been impleaded in the present petitions. But however submits that the representation at Annexure-G would be considered in accordance with law after issuing notice to all concerning and on the petitioner producing such other documents as may be required for the purpose of considering representation dated 25.10.2018.
4. Taking note of the said submission, the Writ Petitions are disposed of with a direction to the third respondent to dispose of the representation at Annexure-G dated 25.10.2018 in accordance with law and procedure applicable, on its merits.
5. The said consideration of the representation would be made within a period of 8 weeks from toady. The petitioner, however, is directed to furnish documents and other information as may be required for the purpose of consideration of representation at Annexure-G.
Sd/- JUDGE RS/* ct:mhp