IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD W.P.No.27622 OF 2019(LB-BMP) BETWEEN:
Sri. R.Jagannath, S/o Late. Ramu, Aged about 54 years, R/at No.386, Bakshi Garden, Bangalore-560 053. … Petitioner (By Sri. K.Ravishankara, Advocate for Sri. M.Shivaprakash, Advocate) AND:
1. The Principal Secretary, Housing and Urban Development, The State of Karnataka, Vikasa Soudha, Bangalore-560 001.
2. The Commissioner, Bruhat Bangalore Mahanagara Palike, Hudson Circle, Bangalore-560 002.
3. The Deputy Commissioner(Revenue), Bruhat Bangalore Mahanagara Palike, Sampige Road, Malleshwaram, Bangalore-560 003.
4. The Assistant Revenue Officer, Bruhat Bangalore Mahanagara Palike, Good Shed Road, T.C.M. Royan Road, Bangalore-560 009. ... Respondents (By Sri.M.A. Subramani, HCGP for R1: Smt. M.C.Nagashree, Advocate for R2 to R4) This writ petition is filed under Articles 226 & 227 of the Constitution of India praying to call for the entire records from the office of the respondent in the matter of notification issued for allotment of sites dated: 21.06.1978 at Annexure-A & etc.
This writ petition, coming on for Preliminary hearing in ‘B’ Group, this day, the Court, made the following:
ORDER In this writ petition, the petitioner has sought the following reliefs:
“I. To call for the entire records from the Office of the Respondent in the matter of Notification issued for allotment of sites bearing No.HUD-31-MOS-76 Bangalore, dated 21/06/1978 at Annexure-A.
II. Issue of Writ of Mandamus against the Respondent authorities to give effect to the Notification bearing No.HUD-31-MOS-76 Bangalore, dated 21/06/1978 at Annexure-A issued by respondent No.1 and issue necessary documents to the Petitioner in respect of house site/house bearing No.386, Bakshi Garden, Bangalore;
III. Issue Writ of Mandamus against the Respondent Authorities No.2 to 4 consider the representation dated 24/09/2018 at Annexure-F.”
IV. Pass such other order/s as this Hon’ble Court deems fit and proper in the circumstances of the case.”
2. The case of the petitioner is that the petitioner is the slum dweller. The Corporation has passed a resolution recommending the names of slum dwellers for the allotment of sites vide Annexure-B. Pursuant to that the Government by order dated 21.06.1978 vide Annexure-A sanction is accorded to the proceedings dated 17.07.1976 of the Corporation. Pursuant to the same, some of the persons whose names were in the list at Annexure-B have obtained temporary possession certificate. The one issued in favour of one Mahalakshmi is produced as Annexure-E. In view of the above, the petitioner has also filed a representation vide Annexure-F requesting the Corporation to consider his case for issuance of temporary possession certificate. Since the same is not considered, the petitioner is before this Court.
3. Smt.M.C.Nagashree, the learned counsel appearing for the Corporation has submitted that except submitting the representation along with the affidavit the petitioner has not produced any documents to show that he is entitled for issuance of such a certificate. If the petitioner submits the additional representation along with the relevant records, the same will be considered in accordance with law.
4. In view of the above submission of the learned counsel appearing for the Corporation, the petitioner is permitted to submit additional representation along with the relevant documents to the Corporation within two weeks from the date of receipt of a copy of this order. If such a representation is submitted, the Corporation is directed to consider the same in accordance with law, within two weeks from the date of receipt of the additional representation.
5. With the above observations, this writ petition stands disposed of.
Sd/- JUDGE Cm/-