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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF MARCH, 2022
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.54522 OF 2016 (LB - RES)
BETWEEN:
SRI. A. C. VARSHITH,
S/O SRI. ANANDAMALLAPPA,
AGED ABOUT 24 YEARS,
REPRESENTED BY HIS GPA HOLDER
SRI ANANDAMALLAPPA,
AGED ABOUT 53 YEARS,
RESIDING AT NO 8,
HIG K.H.B., VASANTHANAGARA,
SIRA GATE,
TUMKURU CITY – 572 106.
…PETITIONER
(BY SRI.NARAYANA SWAMY V.K., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY
TO GOVERNMENT MUNICIPAL ADMN.,
DEPARTMENT, VIDHANA SOUDHA,
BENGALURU – 560 001.
2.
THE COMMISSIONER,
CITY MUNICIPALITY,
CHINTAMANI,
CHIKKABALLAPUR DISTRICT – 563 125.
3.
SMT.SUBBAMMA NAMARANGAIAH,
CHARITABLE TRUST,
REPRESENTED BY ITS PRESIDENT,
SRI.N.S.RAJASHEKAR, M.G.ROAD,
CHINTAMANI – 563 125.
…RESPONDENTS
(BY SMT.PRATHIMA HONNAPURA, AGA FOR R1;
SRI.RAMESH KUMAR R.V., ADVOCATE FOR R2;
2
SRI.MANJUNATH HEGDE, ADVOCATE FOR
SRI.T.SESHAGIRI RAO, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-2
TO CONSIDER THE APPLICATION DATED 25.05.2015 AT
ANNEXURE - A FOR MARKING / FIXING OF BOUNDARIES IN
RESPECT OF SCHEDULE SITE IN QUESTION, FORTHWITH BY
FIXING AN OUTER LIMIT.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
Petitioner seeks a Writ of Mandamus to consider his
representation dated 25.05.2015, a copy whereof is at
Annexure-A wherein he has sought for marking/fixing of
boundaries of the scheduled sites. An application is moved
by the Trust seeking it’s impleadment contending that a
portion of the property belongs to it. Ordinarily such
applications are favoured since the applicant answers the
description of ‘proper party’ if not ‘necessary party’ vide
RAZIA BEGUM Vs. SAHEBZADI ANWAR BEGUM AIR
1958 SC 886 and therefore, the leave for impleadment is
granted and petitioner is directed to amend the cause title.
2.
Learned counsel for the petitioner argues that
when a citizen makes a representation of the kind, the
second respondent being a statutory authority is bound to
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take a call thereon and that having not happened, he is
knocking at the doors of writ court. There is force in this
submission.
In the above circumstances, this writ petition is
disposed off directing the second respondent to consider
the subject representation in accordance with law and
inform result of such consideration to the petitioner and the
third respondent now impleaded, within an outer limit of
eight weeks. If delay is brooked, in the next level of
litigation heavy cost may be imposed on the answering
respondent.
It hardly needs to be stated that the consideration of
subject
representation
shall
take
place
with
the
participation of all stake holders including the third
respondent.
All contentions are kept open.
Costs made easy.
Sd/-
JUDGE
DS
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