IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.6896/2019 AND WRIT PETITION Nos.10469-471/2019 (LB- RES) Between:
Smt. Sumalatha S., W/o Late Srinivasa, Aged about 42 years, R/at No.137, Sulibele Road, Devanahalli Town, Devanahalli Taluk, Bangalore Rural District – 562 110. … Petitioner (By Sri M.G. Kumar, Advocate) And:
1. The Chief Officer, Town Municipal Council, B.B. Road, Devanahalli Town, Devanahalli Taluk, Bangalore Rural District – 562 110.
2. The Government of Karnataka, By the Secretary for Municipal Administration, Vidhana Soudha, Bangalore – 560 001. … Respondents (By Sri Prasad Patil, Advocate for R1;
Smt. Prathima Honnapura, AGA for R2) These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India, praying to direct the R-1 to consider the two Katha transfer applications dated 27.07.2018 as per Annexure-P and the Katha transfer application dated 16.08.2018 as per Annexure-R respectively and etc.
These Writ Petitions coming on for Orders this day, the Court made the following:
ORDER The petitioner had sought for issuance of a writ of mandamus directing the respondents to consider the applications filed for transfer of Katha dated 27.07.2018 (Annexure-P) and 16.08.2018 (Annexure-F).
2. Upon notice, the respondents have appeared. It is found that the endorsements dated 03.08.2018 and 23.08.2018 have been issued by the respondent Municipal Authority, the copies of which are produced at Annexures-Q and S respectively.
3. It is noticed that the said endorsements could be challenged by invoking the revisional power under Section 322 of the Karnataka Municipalities Act, 1964.
4. In light of the availability of alternative remedy, the petitions are disposed of relegating the petitioner to avail of the revisional remedy as against the impugned endorsements referred to above.
5. In light of disposal of the main matter, no orders are required to be passed as regards the pending interlocutory applications. The same are disposed of as having become redundant. All contentions of the petitioner are kept open.
Sd/- JUDGE VGR