IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.23457/2017(KLR-LG) BETWEEN SRI P.C.PRAKASH S/O CHANNABASAVAIAH AGED ABOUT 50 YEARS R/AT NO.888/1, 13TH MAIN SRINIVASANAGARA 2ND STAGE BANASHANKARI 1ST STAGE BANGALORE – 560 050 …PETITIONER (BY SRI H.C.SUNDARESH, ADVOCATE) AND :
1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M.S.BUILDING BANGALORE – 560 001 2. THE PRINCIPAL SECRETARY SOCIAL WELFARE DEPARTMENT GOVT. OF KARNATAKA M.S.BUILDING BANGALORE – 560 001 3. THE MANAGING DIRECTOR KARNATAKA PUBLICS LAND CORPORATION LTD., 2ND FLOOR, D.C.OFFICE BUILDING NEAR CITY CIVIL COURT COMPLEX, KEMPEGOWDA ROAD BANGALORE – 560 009 4. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT BANGALORE – 560 009 5. THE TAHSILDAR BANGALORE SOUTH TALUK BANGALORE – 560 009 6. THE COMMISSIONER SOCIAL WELFARE DEPARTMENT 5TH FLOOR, M.S.BUILDING BANGALORE – 560 001 7. THE DISTRICT SOCIAL WELFARE OFFICER BANGALORE URBAN DISTRICT SAMPANGIRAMANAGARA BANGALORE – 560 002 8. THE SPECIAL DEPUTY COMMISSIONER (ENFORCEMENT) PROHIBITION OF UNAUTHORISED CONSTRUCTION CELL BANGALORE – 560 009 …RESPONDENTS (BY SRI T.S.MAHANTESH, AGA FOR R1, R2, R4 TO R8 SRI D.R.RAJASHEKHARAPPA, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION FILED BY THE PETITIONER DATED 14.10.2015 AS PER ANNEXURE-Q FOR GRANT OF 3 GUNTAS OF LAND IN SY.NO.194 OF KURUBARAHALLI VILLAGE, TAVAREKERE HOBLI, BANGALORE SOUTH TALUK, AS PER THE RECOMMENDATION MADE BY THE TAHSILDAR, BANGALORE SOUTH TALUK, DATED 14.05.2007 AND THE DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT DATED 28.11.2007 VIDE ANNEXURES-F AND G RESPECTIVELY.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner herein is seeking a mandamus to the respondents authorities to consider his representation dated 14.10.2015 vide Annexure-Q.
2. According to the petitioner, he has purchased an extent of 2 acres 37 guntas of land in Sy.No.194 of Kurubarahalli village, Tavarekere Hobli, Bengaluru South Taluk under a registered sale deed dated 10.11.2004 from one H.C.Papanna. However, it is seen from the order of the Deputy Commissioner, Bengaluru Urban District, dated 28.11.2007 that an extent of 3 guntas of land in Sy.No.194 belonging to the petitioner is taken by the State Government for the purpose of construction of Government Boys’ Hostel on an assurance that he will be given an equal extent of land in the Government land available with the State. The grievance of the petitioner is that though such an assurance was given and inspite of several representations, the same is not considered till to-day. Hence, the present writ petition is filed seeking mandamus.
3. Heard the learned counsel for the petitioner and the learned Additional Government Advocate. Perused the order of the Deputy Commissioner. On going through the same it is seen that the Deputy Commissioner has given an assurance for allotting an extent of 3 acres of land in favour of the petitioner by order dated 28.11.2007, however, inspite of long lapse of time the same is not considered.
4. In that view of the matter, the respondents/authorities are directed to ensure that the assurance given to the petitioner to compensate for 3 guntas of land acquired from him shall be completed within six months from the date of receipt of a copy of this order. It is made clear that if the same is not complied within the time granted, the petitioner is at liberty to initiate contempt proceedings against respondents 2 and 4 to 8.
Accordingly, this writ petition is disposed of.
Learned Additional Government Advocate is permitted to file memo of appearance within two weeks from today.
Sd/- JUDGE nd/-