IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI WRIT PETITION NOS. 18965-71 OF 2014 (LB-RES) BETWEEN:
1. SRI SYED ATEEK AHMED S/O.SYED HUSSAIN AGED ABOUT 33 YEARS R/O.MANDYA ROAD, 2ND CROSS NAGAMANGALA MANDYA DISTRICT-571 432 2. SRI.AMANULLA KHAN S/O.REHEMAN KHAN AGED ABOUT 43 YEARS R/O.HANEEF MOHALLA MANDYA ROAD, NAGAMANGALA MANDYA DISTRICT-571 432 3. SRI.AMZAD PASHA S/O.ABDUL GAFOOR AGED ABOUT 55 YEARS R/O.MANDYA ROAD, NAGAMANGALA MANDYA DISTRICT-571 432 4. SRI.M.A.ALI S/O.MOHAMMED AGED ABOUT 63 YEARS R/O.T.B.COLONY NAGAMANGALA MANDYA DISTRICT-571 432 5. SRI.EJAS PASHA S/O.MOHAMMED ABBAS AGED ABOUT 60 YEARS R/O.T.B.COLONY NAGAMANGALA MANDYA DISTRICT-571 432 6. SRI.AYUB PASHA S/O.ABDUL SHAKHOOR AGED ABOUT 45 YEARS R/O.MUSLIM BLOCK MANDYA ROAD, NAGAMANGALA MANDYA DISTRICT-571 432 7. SRI.ALLEEM PASHA S/O.SRI ABDUL RAHIM AGED ABOUT 66 YEARS R/O.MANDYA ROAD, NAGAMANGALA MANDYA DISTRICT-571 432 … PETITIONERS (BY SMT.ANASUYA DEVI K.S., ADV.) AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF URBAN DEVELOPMENT M.S.BUILDING, DR.AMBEDKAR VEEDHI BANGALORE-560 001 2. THE DEPUTY COMMISSIONER MANDYA DISTRICT, MANDYA-571 432 3. THE TOWN PANHAYAT NAGAMANGALA BY ITS CHIEF OFFICER NAGAMANGALA MANDYA DISTRICT-571 432 4. SRI.DIVAKAR S/O.SHANTHAKUMAR MUNICIPAL CONTRACTOR OLD POST OFFICE ROAD NAGAMANGALA MANDYA DISTRICT- 571 432 (BY SRI.V.SREENIDHI, AGA FOR R1 & R2 SRI.R.KOTHWAL, ADV. FOR R-3 R4 SERVED BUT UNREPRESENTED) ... RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO ALLOT THE SHOPS TO THE PETITIONERS IN THE SUPER MARKET CONSTRUCTED BY NAGAMANGALA TOWN PANCHAYAT-R3 IN THE LIGHT OF THE ORDER OF THIS HON’BLE COURT DATED: 20.09.2012 IN W.P.NO.537-543/2011 VIDE ANN-G ON PAR WITH THE ALLOTMENT OF SHOPS IN FAVOUR OF THE PETITIONERS IN W.P.NO.36275-36303/2010 VIDE ANNX-C DATED 22.11.2010 BY CONSIDERING THE REPRESENTATIONS DATED 29.08.2013 AND 10.04.2014 VIDE ANN-J & K RESPECTIVELY AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioners have sought for the following reliefs:
(1) Direct the Respondents to allot the shops to the petitioners in the Super Market constructed by Nagamangala Town Panchayat – Respondent No.3 in the light of the order of this Hon’ble Court dated 20.09.2012 in W.P.Nos.537-543/2011 as per Annexure – G on par with the allotment of shops in favour of the petitioners in W.P.Nos.36275-36303/2010 as per Annexures C dated 22.11.2010 by considering the representations dated 29.08.2013 and 10.04.2014 as per Annexures J & K respectively and:
2. Issue such other appropriate orders, directions or writ in the facts and circumstance of the case in the interest of justice.
2. Grievance of the petitioners is for allotment of shops in Super Market constructed by Town panchayath, Nagamangala. They have sought for relief in terms of the order passed in the cited Writ Petitions in the prayer.
3. The concerned respondent has not taken any action on the grievance of the petitioners. Respondent no.2 – Deputy Commissioner, Mandya is hereby directed to examine, “Whether petitioners are entitled for allotment of shop in terms of the judicial pronouncements in the cited Writ Petitions or not?” Even the 3rd respondent – Town Panchayat, Nagamangala is also hereby directed to examine and competent authority is hereby directed to take a decision and communicate the decision to each of the petitioner within a period of 8 weeks from the date of receipt of this order. If any of the petitioner is not entitled for allotment of shop, in that event, a speaking order shall be passed and be communicated to such petitioner.
With the above observations, writ petitions stand disposed of.
Brn SD/-
JUDGE