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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 20^TH DAY OF NOVEMBER 2019

BEFORE

THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD

WRIT PETITION No.103800 of 2019 (LB-RES)

BETWEEN:

MD.SULEMAN S/O SAYYADBADASHA

@ SAYED BASHA MAKANDAR,

AGE: 58 YEARS, OCC: PETTY BUSINESS,

R/O: SECTOR NO.2, PLOT NO.21-"D",

NAVANAGAR, BAGALKOTE,

DIST: BAGALKOTE-587101.

.. PETITIONER

(BY SRI. Y.R.JOGI, ADV.)

AND:

1.

THE CHIEF ENGINEER

BAGALKOT TOWN DEVELOPMENT AUTHORITY,

BAGALKOT-5807102.

2.

THE REHABILITATION OFFICER

BAGALKOT TOWN DEVELOPMENT AUTHORITY,

BAGALKOT-5807102.

.. RESPONDENTS

(BY SRI. G.K. HIREGOUDAR, ADV. FOR RESPONDENTS)

THIS WRIT PETITION ISFILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT

NO.2 TO ALLOT "E" CATEGORY SITE TO THE PETITIONER AS

PER REQUEST APPLICATION ANNEXURE-F DATED 29.09.2018

WITHIN 4 WEEKS AND ETC..

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THIS WRIT PETITION COMING ON FOR ORDERS, THIS

DAY, THE COURT MADE THE FOLLOWING:

ORDER

In this writ petition, the petitioner has sought for

following reliefs:

i. Issue writ of mandamus directing respondent

No.2 to allot “E” category site to the petitioner

as per request application Annexure-F dated

29.09.2018 within 4 weeks.

ii. Pass such other orders or direction as this

Hon’ble Court deems just and proper under the

facts and circumstances of the case in the

interest of justice and equity.

2.

The case of the petitioner is that, he is the

resident of Bagalkot town and he is the owner of

property bearing CTS No.64 ward No.1 of Bagalkot town.

The said land was acquired by the respondent for the

purpose of Upper Krishna Project. It is the further case

of the petitioner that the Government has framed a

scheme. Under the said scheme, the petitioner is

entitled for allotment of sites. Pursuant to that, the

petitioner has submitted an application vide Annexure-F.

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Till today, the respondents have not taken any action.

Hence, the petitioner is before this Court.

3.

Learned

counsel

appearing

for

the

respondents submitted that if reasonable time is granted

by this Court, the application of the petitioner will be

considered in accordance with law.

4.

Without expressing any opinion on the merits

of the case and in view of the submission made by

learned counsel for the respondents, since the application

filed by the petitioner vide Annexure-F is not considered

by the respondents, it is suffice for this Court to direct

the respondents to consider the application of the

petitioner vide Annexure-F in accordance with law within

a period of three months from the date of receipt of a

certified copy of this order.

5.

With the aforesaid observation, the writ

petition is disposed off.

Sd/-

JUDGE

Kmv