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2024 Supreme(Online)(Kar) 43343
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MAY, 2024 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 561 OF 2023 (GM-RES)
BETWEEN:
1. SRI VENKATASWAMY S/O LATE GURUMURTHY AGED 70 YEARS R/AT SRIRAMPURA VILLAGE JIGANI HOBLI ANEKAL TALUK BENGALURU-560105.
…PETITIONER (BY SRI. MANJUNATH K S.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY ITS CHIEF SECRETARY DEPT OF REVENUE VIDHANASOUDHA Dig itally BENGALURU-560001.
signed by LAKSHMI T
2. THE DEPUTY COMMISSIONER Location:
BENGALURU RURAL DISTRICT High Court BENGALURU-560009.
of Karnataka
3. THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB DIVISION K G ROAD BENGALURU-560009. 4. THE TAHSILDAR ANEKAL TALUK OFFICE ANEKAL-560105. …RESPONDENTS (BY SRI.S.H.RAGHAVENDRA, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO THE RESPONDENTS DIRECTING THEM TO IMMEDIATELY CONSIDER THE PLEA OF THIS PETITIONER AS PER HIS REQUISITION DATED 11.01.2022 (ANNEXURE- A) INSTANTLY WITHOUT FURTHER DELAY.DIRECT THE RESPONDENT TO REMOVE THE COMPOUND WALL INSTALLED AT THE INSTANCE OF THE SRIRAMPURA GRAM PANCHYAT PEOPLE FORTHWITH AS THE AGRICULTURAL OPERATION HAS COME TO STAND STILL FOR THIS PETITIONER IN SY,NO. 41.
THIS PETITION IS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, petitioner seeks the following reliefs:
a) Issue appropriate writ in the nature of Writ of Mandamus to the respondents directing them to immediately consider the plea of this petitioner as per his requisition dt. 11.01.2022 (Annexure-A)
instantly without further delay;
b) Issue appropriate writ in the nature of Writ of Mandamus, directing the respondents to remove the compound wall installed at the instance of the Srirampura Gram panchyat people forthwith as the agricultural operation has come to stand still for this petitioner in Sy.No.41;
c) Issue appropriate writ or orders against the respondents as this Hon'ble Court deems fit and proper including the cost of this litigation.
2. Learned counsel for the petitioner submits that despite submission of representation as long back as dated 11.01.2022 the respondents have not considered the said representation so far and as such, the petitioner is before this Court by way of present petition.
3. Per contra, learned Additional Government Advocate submits that if reasonable time is granted, the concerned respondents will consider and pass appropriate orders/take appropriate decision on the aforesaid representation in accordance with law.
4. In view of the above facts and circumstances, the petition stands disposed of directing the concerned respondents to address the grievance of the petitioner and to take appropriate decision and pass appropriate orders in accordance with law within a period of three months from the date of receipt of copy of this order.
5. Liberty is reserved in favour of the petitioner to submit additional representation, if required, which are also be considered by the respondents while passing orders as stated supra.
