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2025 DAILYLAW 7004 (KAR)

BHOLASHANKAR S/O RAMCHANDRA MOHITE v. THE CITY CORPORATION, BELAGAVI

WP/105572/2024 · 2025-02-14

Suraj Govindaraj

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Judgment text

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- 1 - NC: 2025:KHC-D:3060 WP No. 105572 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.105572 OF 2024 (LB-) BETWEEN: BHOLASHANKAR S/O. RAMCHANDRA MOHITE, AGE: 62 YEARS, OCCUPATION: BUSINESS, R/O. #1369, PLOT NO.12, JADHAV NAGAR, BELAGAVI-590019. PETITIONER (BY SRI. SHREEVATSA HEGDE & SRI. ABHILASH HANAMANNAVAR, ADVOCATES) AND: 1. THE CITY CORPORATION, BELAGAVI, REPRESENTED BY ITS COMMISSIONER, C.T.S NO.4821/27A, R.S NO.1005, SUBHASH NAGAR, BELAGAVI-590016. 2. THE STATE OF KARNATAKA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001. 3. THE STATE OF KARNATAKA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001. …RESPONDENTS (BY SRI. VINAY KOUJALAGI, ADVOCATE FOR R1; SRI. V.S. KALASURMATH, AGA FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.17 12:37:56 +0530 - 2 - NC: 2025:KHC-D:3060 WP No. 105572 of 2024 EXECUTE A PROPER DEED OF CONVEYANCE IN FAVOUR OF THE PETITIONER IN RESPECT OF SHOP NO.9 MEASURING 8 FT. X 10 FT. AT GOVAVES COMMERCIAL COMPLEX, BELAGAVI, AS PER ORDER BEARING NO.CCB.RD/MP/4/06-07 DATED 19.01.2007 ANNEXURE-D PASSED BY RESPONDENT NO.1-CITY CORPORATION BELAGAVI, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: I. A writ in the nature of mandamus directing the Respondents to execute a proper deed of conveyance in favour of the Petitioner in respect of Shop No.9 measuring 8 Ft. x 10 Ft. at Govaves Commercial Complex, Belagavi, as per order bearing no.CCB.RD/MP/4/06-07 dated 19.01.2007 ANNEXURE-D passed by Respondent No.1 City Corporation Belagavi. II. Issue such other writ, order or direction as may be deemed appropriate. 2. The grievance of the petitioner is that despite the order dated 19.01.2007 passed by respondent No.1-City Corporation Belagavi at Annexure-D, a deed of conveyance has not been executed in favour of the petitioner. - 3 - NC: 2025:KHC-D:3060 WP No. 105572 of 2024 3. Learned counsel appearing for respondent No.1 would submit that vide letter dated 14.11.2018 produced at Annexure-A, the Corporation has informed that the Corporation is awaiting necessary permission and sanction from the Urban Development Department. 4. In that view of the matter, the representation submitted at Annexure-D to the Corporation, would not serve any purpose. 5. Reserving liberty to the petitioner to submit necessary representation to respondent No.3 for grant of such permission and or sanction, the petition is disposed of directing respondent No.3 to consider the representation of the petitioner as and when filed within a period of 30 days thereafter in accordance with law. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT-MCK List No.: 1 Sl No.: 3