IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.1700/2019 AND WRIT PETITION No.6354/2019 Between:
1. Syndicate Bank Employees House Building Co-operative Society Limited, Regd. Off. No.30/2, Magadi Main Road, Agrahara Dasarahalli, Bengaluru – 560 079, Rep. by its Secretary.
2. Sri Srimannarayana Ikkurti, S/o Mr. Poornachandra Ikkurti, Aged about 38 years, R/at No.5, 2nd Floor, 2nd Cross, Srigandhanagara, Hegganahalli, Beside Nisarga School, Vishwaneedam Post, Bengaluru – 560 091.
… Petitioners (By Sri K. Chandrashekar Achar, Advocate) And:
The Special Deputy Commissioner, Bengaluru District, Behind Kandaya Bhavana, DC Compound, K.G. Road, Bengaluru – 560 009. … Respondent (By Smt. Savithramma, HCGP) These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India, praying to direct to the Respondent/Deputy Commissioner, Bengaluru District to dispose the Appeal No.SC/ST[A]80/2008-09 immediately with specific time frame and the true copy of the order sheet is produced as Annexure-J.
These Writ Petitions coming on for preliminary hearing this day, the Court made the following:
ORDER The petitioners claim that the land has been acquired by the State and handed over to it in which a residential layout has been formed. The petitioners state that the first petitioner Society has allotted sites after formation of layout to its members and sale deeds have been executed.
2. It is stated that certain proceedings have been initiated asserting that the land was a granted land and falls within the purview of Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978. The petitioner has sought for an issuance of writ of mandamus directing the respondent No.1 to dispose of Appeal No. SC/ST [A] 80/2008-09 within the specific time frame.
3. The petitioners state that the Assistant Commissioner, by his order dated 18.12.2006 had rejected the application filed by the persons claiming to be belonging to grantees’ family. Aggrieved by the order passed by the Assistant Commissioner, an appeal has been filed before the Deputy Commissioner, which is pending consideration. The petitioners state that they have a good case on merits and the matter requires expeditious disposal.
4. The learned Government Pleader appearing for the respondent, upon instructions, submits that the appeal proceedings would be concluded within a period of three months.
5. Recording the said submission, these petitions are disposed of directing the respondent to conclude the proceedings in Appeal No. SC/ST [A] 80/2008-09 within a period of three months from the date of release of this order.
Sd/- JUDGE VGR ct:mhp