Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:2077 WP No. 22169 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 22169 OF 2024 (LB-RES) BETWEEN:
SRI. G S RAMACHANDRA S/O SRI SUBBANAYAKA, AGED ABOUT 55 YEARS, OCC ASSISTANT EXECUTIVE ENGINEER, SLUM CLEARANCE BOARD, MYSURU, R/O NO.24, MAYAN TRANQUIL, BOGADI, MYSURU-570 032. …PETITIONER (BY SRI. GNANESHA N I., ADVOCATE)
AND:
1. STATE OF KARNATAKA REP BY PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, BENGALURU-560 001. 2. THE COMMISSIONER MYSURU URBAN DEVELOPMENT AUTHORITY, JHANSI RANI LAKSHMI BAI ROAD, CHAMARAJAPURA, CHAMARAJAPURAM MOHALLA, LAKSHMIPURAM, MYSURU-570 005. …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA FOR R1 SRI. H C SHIVARAMU, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION DIRECTING THE R2 TO CONSIDER THE CLAIM OF
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:2077 WP No. 22169 of 2024
THE PETITIONER FOR ALLOTMENT OF ALTERNATIVE SITE IN HIS FAVOUR AS SOUGHT IN HIS REPRESENTATIONS DTD 17.02.23, 03.07.23, 10.07.24 PRODUCED AT ANNEXURE-G,H AND J RESPECTIVELY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL ORDER
1. This petition is filed seeking for a direction to issue a mandamus to the respondents to consider the representation of the petitioner for allotment of an alternative site as per Annexures – G, H and J.
2. It is forthcoming from the aforementioned annexure that though a lease cum sale agreement has been executed in favour of the petitioner, there is a rival claim being made by the land owner and the learned counsel submits that the land owner appears to have secured a decree against the Mysuru Urban Development Authority (‘MUDA’) and MUDA has also preferred an appeal to this Court. He submits that, since there is a litigation pending in respect of the site allotted to the petitioner, it would be obvious
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NC: 2025:KHC:2077 WP No. 22169 of 2024
that the MUDA would have to allot an alternative site. 3.
In my view, in the light of the submissions made above, it would be appropriate to direct MUDA to consider the representation submitted by the petitioner vide Annexures – G, H and J and pass appropriate orders regarding request for allotment of an alternative site within a period of two months from the date of receipt of the copy of this order. 4. This petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE
GSR List No.: 1 Sl No.: 5