IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION NO.14527 of 2015 (LB-RES) BETWEEN:
Sri. N. Venkatesh S/o Sri. Narayanaswamy, Aged about 38 years, R/at No.2/434, Ward No.28, Korachapete, Chikaballapur – 562 101.
(By Sri. M.P. Sreekanth, Advocate for Sri. M.S. Parthasarathi, Advocate) AND:
1. The Deputy Commissioner Chikballapur District, Chikballapur – 562 101.
2. The Commissioner/ Member Secretary, Integrated Development of Small & Medium Towns (IDSMT), City Municipal Council, Chikballapur – 562 101.
3. Additional Deputy Commissioner Chikballapur District, Chikballapur.
... Petitioner … Respondents (By Sri. Anandeeshwara H.R. HCGP for R1 & R3; Sri. Vijaya Krishna Bhat .M, Advocate for R2) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondents to consider the representation dated 31.01.2015 of the petitioner vide Annexure-E and representation dated 10.03.2015 of the petitioner vide Annexure-G.
This Writ Petition coming on for Orders, this day, the Court made the following:
O R D E R In this writ petition, petitioner has sought for the following reliefs:
a) Direct the respondents to consider the representation dated 31.01.2015 of the petitioner vide Annexure-E and representation dated 10.03.2015 of the petitioner vide Anneuxre-G, in the interest of justice and equity.
b) Pass any order of consequential relief or any other appropriate order or direction as this Hon’ble Court deems fit in the facts and circumstances of the case in the ends of justice and equity.”
2. The case of the petitioner is that petitioner has applied for allotment of site under the IDSMT plan and accordingly, by way of lottery, the respondents allotted the site bearing No.473, situated at Behind Municipal Layout, Ward No.6, Dinnehosahalli Road, Chickballapur to the petitioner. Subsequently, respondent had issued a notice on 07.07.2010, demanding for payment of Rs.1,15,000/-. Petitioner has paid a sum of Rs.1,15,000/- by way of Demand Draft and Rs.5,000/- by way of cash. Thereafter, respondent has issued an allotment letter by executing the Sale Deed dated 21.07.2010. When petitioner tried to put up construction, he was resisted by Smt. Jayamma, who claimed to be the owner of the property. Hence, the petitioner has approached the respondent seeking allotment of alternative site. Since no action has been taken, petitioner has approached this Court.
3. Sri. M. Vijaya Krishna Bhat, learned counsel appearing for respondent No.2 on instructions submitted that there is a dispute with regard to allotment of sites in respect of petitioner as well as similarly situated persons. He further submitted that now respondent No.2 has taken steps to identify the separate property, which is free from encumbrance to allot sites to the persons, whose sites are under dispute and respondent No.2 needs six months time to complete the process of allotting alternative sites.
4. In view of the above, the writ petition is disposed of directing respondent No.2 to consider the representation of the petitioner in accordance with law, within a period of six months from the date of receipt of copy of this order.
Sd/- JUDGE MBM