HIGH COURT OF KARNATAKA
SMT SHANTHAMMA – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP/14702/2021
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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 3RD DAY OF SEPTEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.14702 OF 2021(GM-RES)
BETWEEN:
SMT. SHANTHAMMA,
W/O LATE K V NAGARAJU,
AGED ABOUT 70 YEARS,
R/O DASARABEEDHI,
KALYAGATE, WARD NO.17,
MAGADI TOWN, MAGADI,
RAMANAGARA DISTRICT – 562 120.
(SENIOR CITIZEN BENEFIT NOT CLAIMED)
...PETITIONER
(BY SRI. RAMESH K R, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
HOUSING DEVELOPMENT AUTHORITY,
VIDHANA SOUDHA,
BENGALURU – 560 001.
2. THE DEPUTY COMMISSIONER,
RAMANAGARA DISTRICT,
RAMANAGARA – 562 159.
3. THE TAHASILDAR,
MAGADI TALUK,
MAGADI, RAMANAGARA DISTRICT – 562 120.
4. THE CHIEF OFFICER,
TOWN MUNICPAL CORPORATION,
MAGADI TALUK,
RAMANAGARA DISTRICT -562 120.
… RESPONDENTS
(BY SRI. B V KRISHNA, AGA FOR R1 TO R3;
NOTICE TO R4 IS D/W V.C.O DATED 03.09.2021)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
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DIRECT THE RESPONDENTS TO ALLOT AN ALTERNATIVE
SITE TO THE PETITIONER IN MAGADI TOWN ON ACCOUNT
OF USAGE OF THE LAND WHERE SITE NO.58 WAS TAKEN UP
FOR THE PURPOSE OF THE GOVERNMENT WITHIN A TIME
FRAME.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:-
ORDER
The short grievance of the petitioner who allegedly
has lost a site allotted to him because of road widening is
non-consideration of his claim for grant of alternate site.
2.
After service of notice, respondents Nos. 1 to 3
having entered appearance through the learned AGA
submits that the grievance of the petitioner would be
caused to be addressed by the fourth respondent in a time
bound way and in accordance with law. This is a good
gesture coming from the State Authorities.
3.
In the above circumstances, this writ petition is
disposed off directing the respondent Nos. 1, 2 & 3 to
cause consideration of petitioner’s claim for grant of
alternate site by the fourth respondent in accordance with
law and within a period of eight weeks. The result of such
consideration shall also be made known to the petitioner
within next two weeks, failing which the third respondent
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– Tahsildar shall be liable to pay a cost of Rs.1,000/- for
the delay of each day brooked.
All contentions are kept open.
Now, no costs.
Sd/-
JUDGE
Bsv