SADVIVEKA SOCIAL EDUCATIONAL AND CULTURAL TRUST v. STATE OF KARNATAKA
WP/11675/2025 · 2025-04-25
S Sunil Dutt Yadav
body2025
DailyLaw.ai
[ 2025 DAILYLAW 23882 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23882 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:17189 WP No. 11675 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 11675 OF 2025 (LB-RES) BETWEEN:
SADVIVEKA SOCIAL EDUCATIONAL AND CULTURAL TRUST, REP. BY ITS SECRETARY, SRI. L.E. MANJUNATHA, VIJAYANAGARA, 4TH STAGE, BASAVANAPURA, MYSURU - 570 032. …PETITIONER (BY SRI. K.R. LINGARAJU, ADVOCATE) AND:
1.
STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, DR. B. R. AMBEDKAR VEEDI, BENGALURU - 560 001.
2.
MYSURU URBAN DEVELOPMENT AUTHORITY, REP. BY ITS COMMISSIONER, J.L.B. ROAD, MYSURU - 570 005. …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA FOR R1;
SRI. T.P. VIVEKANANDA, ADVOCATE FOR R2)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO IMPLEMENT THE RESOLUTION DATED 21.03.2023 VIDE Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:17189 WP No. 11675 of 2025 ANNX-G AND ORDER TO ISSUE ALLOTMENT AND POSSESSION CERTIFICATE OF THE CA., SITE NO. 3C MEASURING 1590.87 SQUARE METERS, SITUATED IN SY.NO. 210/A1, B, 211, 281/1 ETC., OF MANDAKAHALLI MYSURU AND JNANAGANGA GRUHA NIRMANA SAHAKARA NIYAMITHA MYSURU, IN FAVOUR OF PETITIONER TRUST IN TERMS ORDERS IN WRIT PETITION NO.
23693/2023 AND CONNECTED CASE DATED 18.12.2023 WRIT PETITION NO. 4722/2024 DATED 14.03.2024 AND WRIT PETITION NO. 11251/2024 AND CONNECTED CASES DATED 11.06.2024 VIDE ANNX-H, H1 AND H2.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER
1. Petitioner has sought for a direction to the second respondent to implement the resolution at Annexure -G dated 21.03.2023 and pass necessary orders directing the Authority to issue an allotment and possession certificate.
2.
Learned counsel Sri T.P Vivekananda appearing for the second respondent would submit that the petitioner is seeking to address his grievance regarding allotment of Civic Amenity Sites.
3. It is submitted that in terms of the directions of this Court in W.P.No.23693/2023 and connected matters, the recommendation of the Civic Amenity Site Allotment
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NC: 2025:KHC:17189 WP No. 11675 of 2025 Committee is now placed before the Board of the Mysuru Urban Development Authority (for short 'MUDA') which is to consider and necessary orders would be passed.
4. It is submitted that accordingly claim of the petitioner as is permissible in law would be addressed once the Board of MUDA takes an appropriate decision.
5. Noticed the order passed in W.P.No.46223/2023 and connected matters. Paragraph 12 is extracted below for the purpose of reference:
"12. Sri.T.P.Vivekananda, learned counsel for Mysuru Urban Development Authority (MUDA) would submit that the compilation of the list of eligible applicants as also approved applicants by the Civic Amenity Site Allotment Committee has been compiled and in terms of sub-rule (3) of Rule 7 of KUDA (Allotment of Civic Amenities Rules), 1991, the same is required to be placed before the Board of the MUDA who has to take necessary action. Once earlier in the meeting conducted on 21.03.2023 as well as on 06.09.2023 the said matter could not be taken up for
consideration and directed to be taken up in the adjourned meeting. The next meeting could not be held on account of the Chairman not have been
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NC: 2025:KHC:17189 WP No. 11675 of 2025 appointed as soon as the Chairman has been appointed, the meeting would be held and this aspect of allotment of civic amenities to various persons who have been approved and recommended by the sub-committee would be taken up for
consideration."
6. In light of the same, present writ petition may also be disposed of by taking note of the above observations and observing that Board of MUDA to consider recommendations made by the Civic Amenity Site Allotment Committee by convening a meeting and deciding regarding the recommendations made within a period of four months.
7. It is not in dispute that the petitioner's name also finds a mention in the recommendations made by the Civic Amenity Site Allotment Committee. Accordingly, petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 1 Sl No.: 25 CT: BHK