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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 23^RD DAY OF NOVEMBER, 2021

BEFORE

THE HON’BLE MR.JUSTICE SURAJ GOVINDARAJ

WRIT PETITION No.102891/2021 (GM-RES)

BETWEEN:

SHRI NARENDRA MADHUSUDAN MURKUMBI

AGE. 51 YEARS, OCC. BUSINESS,

R/O. B C 105, HAVELOCK ROAD,

CAMP. BELAGAVI 50001,

REPRESENTED BY HIS POWER OF ATTORNEY HOLDER,

SMT. VIDYA MADHUSUDAN MURKUMBI,

AG.E 74 YEARS, OCC. BUSINESS,

R/O. B C 105, HAVELOCK ROAD,

CAMP, BELAGAVI 500001

...PETITIONER

(BY SRI.: SANGRAM S KULKARNI, ADV.)

AND

1 .

THE DIRECTOR GENERAL DEFENSE ESTATES

MINISTRY OF DEFENSE,

RAKSH SAMPADA BHAWAN,

ULLAN BATAR MARG,

DELHI 110010.

2 .

THE DIRECTORATE OF DEFENSE ESTATES

MINISTTRY OF DEFENSE,

SOUTHERN COMMAND,

PUNE 411001,

MAHARASHTRA.

3 .

THE DEFENSE ESTATE OFFICER

KARNATAKA AND GOA CIRCLE,

K KAMRAJ ROAD,

BANALORE 560042.

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4 .

THE CHIEF EXECUTIVE OFFICER

CANTONMENT BOARD,

CAMP,

BELAGAVI 590001.

…RESPONDENTS

(BY SRI VENKATESH M.KHARVI, CGSC)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227

OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF

CERTIORARI AND QUASH THE IMPUGNED ORDER BEARING FILE

NO.K/299/59 DATED 01.10.2020 VIDE ANNEXURE-E ISSUED BY

THE THIRD RESPONDENT THE DEFENSE ESTATE OFFICER,

MINISTRY OF DEFENSE GOVT. OF INDIA, BANGALORE, 2. ISSUE A

WRIT OF MANDAMUS DIRECTING THE THIRD RESPONDENT TO

FAVORABLY CONSIDER THE REPRESENTATION DATED 19.10.2020

VIDE ANNEXURE-F FILED BY THE PETITIONER AND DIRECT THE

THIRD RESPONDENT TO ENTER THE NAME OF THE PETITIONER IN

THE GLR RECORDS RELATING TO GLR SY.NO.146, BUNGALOW

NO.160 SITUATE AT CATTLE ROAD, CAMP, BELAGAVI.

THIS WRIT PETITION COMING ON FOR FURTHER HEARING,

THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

1.

The petitioner is before this Court seeking for the

following relief:

“1)

To issue a writ of certiorari and quash the

impugned order bearing file No.k/299/59 dated

01.10.2020 vide Annexure-E issued by the third

respondent the Defense Estate Officer, Ministry Of

Defense, Govt. of India, Bangalore.

2)

Issue a writ of mandamus directing the third

respondent

to

favorably

consider

the

representation dated 19.10.2020 vide annexure-F

filed by the petitioner and direct the third

respondent to enter the name of the petitioner in

the GLR records relating to GLR Sy.No.146,

Bungalow No.160 situate at cattle road, camp,

Belagavi”

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2.

Facts:

2.1. The petitioner claims to be a purchaser of

property bearing No. BC 160 consisting of the

main bungalow and outhouse and the land

appurtenant thereto measuring about 1.72

acres, bearing GLR Sy.No.146 along with

occupancy right situated at Cattle Road,

Camp, Belagavi.

2.2. The

petitioner

has

purchased

the

superstructure namely the main bungalow

situated on the aforesaid properties.

2.3. The petitioner claims that the occupancy right

was granted to late Sri R.N.Boyce who was in

possession of the same and his name was

duly entered in the GLR. Thereafter, the

property

changed

hands

and

now

the

petitioner has purchased superstructure on

the property.

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2.4. Upon the said purchase, by way of registered

sale deed dated 5/12/2018, the petitioner

issued

a

notice

under

Section

81(1)

Cantonment Act 2006 to respondent No.4

requesting for entering the petitioner’s name

in the tax demand register as also an

application was submitted on 22/1/2020 for

entering the name of the petitioner in the

GLR.

2.5. Though the notice under Section 81 was

accepted and necessary entries were made

incorporating the name of the petitioner in

the tax demand register, however, petitioner

request for entering his name in the GLR

register

is

rejected

vide

letter

dated

1/10/2020 issued by the Defense Estate

Officer,

Karnataka

Circle,

Bangalore,

contending that there was a prerequisite for

obtaining

prior

permission

for

sale

or

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purchase of old grant bungalow. Since no

such prior permission had be