IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.26537 OF 2018 (LA-KIADB) C/W WRIT PETITION NOS.26530 OF 2018, 26535 OF 2018 AND 26536 OF 2018 IN W.P.NO.26537/2018 BETWEEN:
SRI SIDDARANGAIAH S/O RANGADHAMAIAH, AGED ABOUT 60 YEARS, KENGAL KEMPOHALLI VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT.
... PETITIONER (BY SRI. MOHAMMED SULTAN BEARY, ADV. FOR SRI. T.SESHAGIRI RAO, ADV.) AND:
1. STATE OF KARNATAKA, DEPARTMENT OF INDUSTRIES AND COMMERCE, REPRESENTED BY ITS PRL.SECRETARY, VIKASA SOUDHA, BANGALORE – 560 001.
2. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, REPRESENTED BY ITS SECRETARY, NO.49, KHANIJA BHAVANA, EAST WING, 5TH FLOOR, RACE COURSE ROAD, BANGALORE – 560 001.
3. THE SPECIAL LAND ACQUISITION OFFICER, NO.49, KHANIJA BHAVANA, EAST WING, 5TH FLOOR, RACE COURSE ROAD, BANGALORE – 560 001. ... RESPONDENTS (BY SRI.E.S.INDIRESH, AGA FOR R1;
SRI. VIJAY KUMAR A PATIL, ADVOCATE FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION ISSUED BY THE PETITIONER DATED 10.05.2018 AND CONSEQUENTLY ISSUE NECESSARY DIRECTION TO THE RESPONDENTS TO GRANT THE STATUTORY BENEFIT IN ALLOTTING THE DEVELOPED SITAL AREA IN FAVOUR OF THE PETITIONER IN TERMS OF GOVERNMENT NOTIFICATION DATED 2.4.2008 VIDE ANNEXURE - E.
IN W.P.NO.26530/2018 BETWEEN:
SRI.RANGANATHAIAH, S/O.CHIKKACHENNAIAH, AGED ABOUT 62 YEARS, KENGAL KEMPOHALLI VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT.
... PETITIONER (BY SRI. MOHAMMED SULTAN BEARY, ADVOCATE FOR SRI. T.SESHAGIRI RAO, ADVOCATE) AND:
1. STATE OF KARNATAKA, DEPARTMENT OF INDUSTRIES AND COMMERCE, REPRESENTED BY ITS PRL.SECRETARY, VIKASA SOUDHA, BANGALORE – 560 001.
2. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, REPRESENTED BY ITS SECRETARY, NO.49, KHANIJA BHAVANA, EAST WING, 5TH FLOOR, RACE COURSE ROAD, BANGALORE – 560 001.
3. THE SPECIAL LAND ACQUISITION OFFICER, NO.49, KHANIJA BHAVANA, EAST WING, 5TH FLOOR, RACE COURSE ROAD, BANGALORE – 560 001. ... RESPONDENTS (BY SRI.E.S.INDIRESH, AGA FOR R1;
SRI. VIJAY KUMAR A PATIL, ADVOCATE FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION ISSUED BY THE PETITIONER DATED 10.05.2018 AND CONSEQUENTLY ISSUE NECESSARY DIRECTION TO THE RESPONDENTS TO GRANT THE STATUTORY BENEFIT IN ALLOTTING THE DEVELOPED SITAL AREA IN FAVOUR OF THE PETITIONER IN TERMS OF GOVERNMENT NOTIFICATION DATED 2.4.2008 VIDE ANNEXURE - E.
IN W.P.NO.26535/2018 BETWEEN:
SRI.K.C.MAHIME GOWDA, S/O.CHIKKACHENNAIAH, AGED ABOUT 64 YEARS, RESIDING AT NO.263/3, 7TH MAIN ROAD, 3RD CROSS, BHUVANESHWARINAGARA, T.DASARAHALLI, BENGALURU – 560 057.
... PETITIONER (BY SRI. MOHAMMED SULTAN BEARY, ADVOCATE FOR SRI. T.SESHAGIRI RAO, ADVOCATE) AND:
1. STATE OF KARNATAKA, DEPARTMENT OF INDUSTRIES AND COMMERCE, REPRESENTED BY ITS PRL.SECRETARY, VIKASA SOUDHA, BANGALORE – 560 001.
2. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, REPRESENTED BY ITS SECRETARY, NO.49, KHANIJA BHAVANA, EAST WING, 5TH FLOOR, RACE COURSE ROAD, BANGALORE – 560 001.
3. THE SPECIAL LAND ACQUISITION OFFICER, NO.49, KHANIJA BHAVANA, EAST WING, 5TH FLOOR, RACE COURSE ROAD, BANGALORE – 560 001. ... RESPONDENTS (BY SRI.E.S.INDIRESH, AGA FOR R1;
SRI. VIJAY KUMAR A PATIL, ADVOCATE FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION ISSUED BY THE PETITIONER DATED 10.05.2018 AND CONSEQUENTLY ISSUE NECESSARY DIRECTION TO THE RESPONDENTS TO GRANT THE STATUTORY BENEFIT IN ALLOTTING THE DEVELOPED SITAL AREA IN FAVOUR OF THE PETITIONER IN TERMS OF GOVERNMENT NOTIFICATION DATED 2.4.2008 VIDE ANNEXURE - E.
IN W.P.NO.26536/2018 BETWEEN:
SRI.NARASIMHAIAH, S/O.RANGADHAMAIAH, KENGAL KEMPOHALLI VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT.
... PETITIONER (BY SRI. MOHAMMED SULTAN BEARY, ADVOCATE FOR SRI. T.SESHAGIRI RAO, ADVOCATE) AND:
1. STATE OF KARNATAKA, DEPARTMENT OF INDUSTRIES AND COMMERCE, REPRESENTED BY ITS PRL.SECRETARY, VIKASA SOUDHA, BANGALORE – 560 001.
2. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, REPRESENTED BY ITS SECRETARY, NO.49, KHANIJA BHAVANA, EAST WING, 5TH FLOOR, RACE COURSE ROAD, BANGALORE – 560 001.
3. THE SPECIAL LAND ACQUISITION OFFICER, NO.49, KHANIJA BHAVANA, EAST WING, 5TH FLOOR, RACE COURSE ROAD, BANGALORE – 560 001. ... RESPONDENTS (BY SRI.E.S.INDIRESH, AGA FOR R1; SRI. VIJAY KUMAR A PATIL, ADVOCATE FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION ISSUED BY THE PETITIONER DATED 10.05.2018 AND CONSEQUENTLY ISSUE NECESSARY DIRECTION TO THE RESPONDENTS TO GRANT THE STATUTORY BENEFIT IN ALLOTTING THE DEVELOPED SITAL AREA IN FAVOUR OF THE PETITIONER IN TERMS OF GOVERNMENT NOTIFICATION DATED 2.4.2008 AS FOUND AT ANNEXURE - E.
THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri.Mohammed Sultan Beary, learned counsel for petitioners.
Sri.E.S.Indiresh, learned Additional Government Advocate for respondent No.1.
Sri.Vijayakumar A.Patil, learned counsel for respondents No.2 and 3.
2. Petitions are admitted for hearing. With consent of the parties, same is heard finally.
3. In these petitions under Articles 226 & 227 of the Constitution of India, the petitioners inter alia seek a writ of mandamus directing the respondents to consider the representations dated 10.05.2018 submitted by the petitioners.
4. When the matters were taken up today, learned counsel for the petitioners submitted that the writ petitions may be disposed of with a direction to the respondents to consider the representations dated 10.05.2018 submitted by the petitioners in accordance with law.
5. On the other hand, learned Additional Government Advocate for respondent No.1 and learned counsel for respondents 2 and 3 submitted that the representations dated 10.05.2018 submitted by the petitioners shall be dealt with in accordance with law, if not already decided.
6. In view of the submissions made and in the facts of the case, the writ petitions are disposed of with a direction to the competent authority to consider and decide the representations dated 10.05.2018 submitted by the petitioners, if not already decided, in accordance with law by a speaking order within a period of three months from the date of receipt of certified copy of the order passed today.
7. It is made clear that this Court has not expressed any opinion on merits of the case.
Accordingly, the writ petitions are disposed of.
Sd/- JUDGE ln.