SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(Online)(Kar) 32371

1

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

3

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

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top