- 1 - NC: 2025:KHC:6372 WP No. 27012 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 27012 OF 2017 (LB-RES) BETWEEN: 1. SRI. B. CHANDRASHEKARACHARI S/O LATE BHASKARACHARI, AGED ABOUT 82 YEARS, R/A GORLAKATTE ROAD, CHALLAKERE TOWN, CHITRADURGA DISTRICT-501. …PETITIONER (BY SRI. P.N.NANJA REDDY., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT. 2. CITY MUNICIPAL COUNCIL CHALLAKERE REPRESENTED BY ITS COMMISSIONER, CHALLAKERE, CHITRADURGA DISTRICT. …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA., AGA FOR R-1; SMT. G.K.BHAVANA., ADVOCATE FOR R-2) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA., PRAYING TO DIRECT THE RESPONDENTS TO ALLOT AN ALTERNATIVE STIE AMONG SITE NOS.1 TO 5 FORMED NEAR BRAHMINS HOSTEL CHALLAKERE TO THE PETITIONER AS PER THE RESOLUTION DATED.22.12.1994 AND THE ORDERS PASSED IN W.P.NO.5369/2007 DATED.3.6.2008 RESIDING THERE IN TERMS OF ANNEXURE-B, ETC. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6372 WP No. 27012 of 2017 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The prayer in this writ petition is for issuance of a direction to the respondents to allot an alternative site amongst Sl.Nos.1 to 7 formed near Brahmins Hostel, Challakere, to the petitioner as per the resolution dated 22.12.1994. 2. Learned counsel for the City Municipal Council placed on record an endorsement issued to the petitioner whereby it is stated that the petitioner would not be entitled for allotment of an alternative site, since his land was not utilized and since the resolution was passed on the basis that his land was utilized, the claim of the petitioner would not survive. 3. The prayer of the petitioner being for a direction to allot an alternative site and same being rejected by an endorsement dated 28.02.2024, it is obvious that this petition would not survive for consideration. - 3 - NC: 2025:KHC:6372 WP No. 27012 of 2017 However, liberty is reserved to the petitioner to challenge the endorsement dated 28.02.2024, if so advised. 4. The writ petition is accordingly dismissed. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 44