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2025 DAILYLAW 34806 (KAR)

SRI M SRINIVAS v. THE COMMISSIONER

WP/28141/2023 · 2025-03-26

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC:12964 WP No. 28141 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 28141 OF 2023 (GM-KHB) BETWEEN: SRI. M. SRINIVAS, AGED ABOUT 44 YEARS, S/O LATE MUNIRAJ K.M, R/AT NO. 161, KHB COLONY, BANNAHALLI ROAD, CHANDAPURA POST, ANEKAL TALUK, BENGALURU - 560 081. …PETITIONER (BY SRI. UMESH B.N, ADVOCATE) AND: THE COMMISSIONER, KARNATAKA HOUSING BOARD, KAUVERY BHAVANA, BANGALORE - 560 009. …RESPONDENT (BY SRI. H.L. PRADEEP KUMAR, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATIONS DATED 20.2.2023 AND 4.9.2023 VIDE ANNEXURE-A AND A1, FOR Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:12964 WP No. 28141 of 2023 ALLOTMENT OF SITE AS RECOMMENDED BY THE GOVERNMENT IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayers: "a. Direct the respondent to consider his representations dated 20/2/2023 & 4/9/2023, vide Annexure-A and A1, for allotment of house as recommended by the Government in accordance with law. b. Issue any other Writ or orders/relief's as deems fit by this Hon'ble Court under the facts and circumstances of the above case in the interest of justice and equity." 2. Learned counsel appearing for the petitioner places reliance upon the judgement of the Co-ordinate Bench in the case of W.P.No.8398/2023 disposed on 18.04.2023, which has disposed in an identical petition, observing as follows: "1. Learned AGA accepts notice for respondent No.1. 2. The petitioner is before this Court seeking for the following reliefs: - 3 - NC: 2025:KHC:12964 WP No. 28141 of 2023 a. Issue a Writ of Mandamus directing the 2nd Respondent to consider the Petitioner’s representation dated 26.03.2023 produced vide Annexure-D and consequently allot the vacant HIG Site No.961/6 situated at Yelahanka Layout as sought for, in favour of the Petitioner, in accordance with law. b. Grant such other and further relief’s as this Hon’ble Court deems fit in the interest of justice and equity. 2. The grievance of the petitioner is that the petitioner had submitted a representation on 26.03.2023 requesting for consideration of her application earlier submitted by the petitioner in accordance with Rule 9(d) of the KHB Allotment Regulations instead of Rule 9(c) under which earlier application had been filed. 3. Considering that Rule 9(c) of the Regulations has been quashed and that the petitioner claims to qualify the requirements of Rule 9(d) of the Regulations, the respondents are directed to consider the representation of the petitioner and if the petitioner satisfies all the requirements to consider her application in terms of Rule 9(d) of the Regulations within a period of 12 weeks from the date of receipt of copy of this order. 4. The petition is accordingly allowed." In the light of the said order passed by the Co-ordinate Bench, I deem it appropriate to dispose the petition directing consideration of the representation of the petitioner, strictly in - 4 - NC: 2025:KHC:12964 WP No. 28141 of 2023 consonance with law, within 12 weeks from the date of receipt of the copy of the order, if not earlier. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 72 CT: BHK