IN THE HIGH COURT OF KARNATAKA,

DHARWAD BENCH

Dated this the 14^th day of January 2020

Before

THE HON’BLE MR.JUSTICE S.G. PANDIT

Writ Petition No.100573 of 2018 (GM-Res)

BETWEEN

KRISHNA S/O. MALLU KANKONKAR

AGE:65 YEARS,

OCC:RETIRED BANK EMPLOYEE,

R/O. H.NO.17, RAMNAGAR,

TAL:JOIDA, DIST:KARWAR.

...PETITIONER

(BY SRI. RAMESH I. ZIRALI, ADVOCATE)

A N D

1.

THE DEPUTY COMMISSIONER,

KARWAR, DIST:KARWAR.

2.

THE SECRETARY,

RAMNAGAR REHABILITATION COMMITTEE,

KARWAR.

3.

THE TAHSILDAR

TAL:JOIDA, DIST:KARWAR.

...RESPONDENTS

(BY SMT. VEENA HEGDE, AGA FOR R1 & R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

DIRECT

THE

RESPONDENT

NO.1

TO

CONSIDER

THE

REPRESENTATION

SUBMITTED

BY

PETITIONER

DATED

22.12.2017 AS PER ANNEXURE-"F".

2

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

The petitioner is before this Court under Article

226 of the Constitution of India seeking for a writ of

mandamus directing respondent No.1 to consider the

representation dated 22.12.2017 Annexure-F submitted

by the petitioner.

2.

The petitioner claims that he and his

ancestors were originally from Supa Village in Uttara

Kannada District. They were cultivating their lands and

out of cultivation, they were carrying on their livelihood.

Their lands were acquired for the purpose of Kali Project

and the petitioner is a project displaced person. It is also

stated that the Government has given an alternate

agricultural land to the petitioner’s family. As the land

allotted to them is not suitable for carrying on the

agricultural activities, he is requesting for allotment of

land in Sy.No.56 at Ramanagar, Belgaum-Goa road for

3

establishment of petrol bunk. Learned counsel for the

petitioner states that in that regard the petitioner has

made a representation at Annexure-F dated 22.12.2017.

It is further submitted that the earlier Tahsildar, Joida,

by his letter dated 28.02.2017 had recommended his

case for grant of one acre of land in Sy.No.56 of

Ramnagar village for establishing petrol bunk.

3.

Heard the learned counsel for the petitioner

and the learned Additional Government Advocate for

respondent Nos.1 to 3.

4.

The petitioner claims that he is a displaced

project person. His lands were acquired for the purpose

of Kali Project in Supa Village of Uttara Kannada District.

According to the averments in the representation at

Annexure-F, the petitioner’s family has been allotted an

alternate agricultural land for cultivation. In addition to

that, the petitioner is seeking for allotment of land in

Sy.No.56 to an extent of one acre in Ramnagar village

4

for establishing of petrol bunk. How the petitioner is

entitled to grant of additional land when he has already

been allotted an alternate agricultural land is not

forthcoming. The learned counsel for the petitioner is

not able to show the entitlement of the petitioner for

grant of additional land where he intends to establish

petrol bunk. Moreover, as a matter of right, the

petitioner cannot establish petrol bunk. The writ

petitioner has no right to claim for grant of

site/land for establishing petrol bunk without he

being allotted agency for establishing petrol

bunk. No material is placed on record to show

that the petitioner has obtained or granted

licence

to

establish

petrol

bunk

under

the

relevant Act and Rules. Thus, the writ petitioner

has failed to establish his right for allotment of

land for establishment of petrol bunk. Without

there being a legal right for the petitioner and a

legal obligation on the part of the respondents,

5

on mere asking, a writ of mandamus cannot be

issued. Accordingly, the writ petition stands

rejected.

Sd/-

JUDGE

Kms