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2025 DAILYLAW 59761 (KAR)

SHIVALEELA D/O. SHIVAKUMARAYYA GAVIMATH (W/O. SANGAYYA C. HIREMATH) v. THE CHIEF ENGINEER

WP/106167/2025 · 2025-08-28

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:10852 WP No. 106167 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106167 OF 2025 (GM-RES) BETWEEN: SHIVALEELA D/O. SHIVAKUMARAYYA GAVIMATH (W/O. SANGAYYA C. HIREMATH) AGE. 47 YEARS, OCC. TEACHER, R/O. VIDYAGIRI-BAGALKOT. …PETITIONER (BY SRI. S.B. HEBBALLI, ADVOCATE) AND: 1. THE CHIEF ENGINEER, BAGALKOT TOWN DEVELOPMENT AUTHORITY, NAVANAGAR, BAGALKOT-587101. 2. REHABILITATION OFFICER, BAGALKOT TOWN DEVELOPMENT AUTHORITY, NAVANAGAR, BAGALKOT-587101. …RESPONDENTS (BY SRI. SANJAY CHANAL, ADVOCATE FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO ALLOT THE RESIDENTIAL SITE IN NEW TOWNSHIP OF BAGALKOT AS PER THE APPLICATION DATED 14-12-2021, FILED BY THE PETITIONER, A COPY OF WHICH IS PRODUCED AS PER ANNEXURE-B AND THE REPRESENTATION DATED 24-05-2024, AS PER ANNEXURE-C, IN THE INTEREST OF JUSTICE & ETC. Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10852 WP No. 106167 of 2025 THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Sri.Sanjay Chanal, learned counsel accepts notice for respondent Nos.1 and 2. 2. The petitioner is before this Court seeking for the following reliefs: A. Issue a Writ in the nature of Mandamus directing the Respondents to allot the residential site in new Township of Bagalkot as per the Application dated 14-12-2021, filed by the Petitioner, a copy of which is produced as per Annexure-B and the representation dated 24-05-2024, as per Annexure-C, in the interest of justice. B. Any appropriate Writ/Order or direction as deemed fit and proper be issued. 3. The grievance of the petitioner is that the application filed by the petitioner for allotment of residential sites on 14.12.2021 has not been acted upon. In furtherance of which, a representation had been submitted on 24.05.2024 at Annexure-C, which also - 3 - HC-KAR NC: 2025:KHC-D:10852 WP No. 106167 of 2025 has not been acted upon. It is in that background, the petitioner is before this Court seeking for the aforesaid reliefs. 4. Whenever, any application is filed, it is for the respondents-authorities to have taken necessary action thereon and pass necessary orders. In the present case, despite the representations of the petitioner are submitted on 14.12.2021 and 24.05.2024, no action has been taken. 5. In that view of the matter, I pass the following: ORDER i. The petition is allowed. ii. A mandamus is issued directing the respondents to consider the application of the petitioner dated 14.12.2021 and the representation dated 24.05.2024 and pass necessary orders thereon within a period of 4 weeks from the date of receipt of a copy of this order. - 4 - HC-KAR NC: 2025:KHC-D:10852 WP No. 106167 of 2025 iii. It is made clear that this Court has not expressed any opinion on the merits of the matter. Sd/- (SURAJ GOVINDARAJ) JUDGE SH/CT-VP LIST NO.: 1 SL NO.: 17