SMT BASAVVA W/O VEERUPAXAPPA CHIKALI v. THE DEPUTY COMMISSIONER
WP/105769/2024 · 2025-02-19
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7012 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7012 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC-D:3320 WP No. 105769 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 19TH DAY OF FEBRUARY, 2025
BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.105769 OF 2024 (LB-RES) BETWEEN:
SMT. BASAVVA W/O VEERUPAXAPPA CHIKALI AGE. 79 YEARS, OCC. HOUSEHOLD WORK, R/O H.NO.781, DALAMBIRA THOTA, GOKAK-591307.
TQ. GOKAK, DIST. BELAGAVI. …PETITIONER (BY SRI.SHRIHARSH A.NEELOPANT, ADVOCATE)
AND:
1.
THE DEPUTY COMMISSIONER BELAGAVI DISTRICT, BELAGAVI 590001, TQ/DIST. BELAGAVI.
2.
THE CHIEF OFFICER CITY MUNICIPAL COUNCIL, GOKAK 591307, TQ. GOKAK, DIST. BELAGAVI.
…RESPONDENTS
(BY SRI. V.S. KALASURMATH, AGA FOR R1;
SRI. SRINAND A. PACHCHAPURE, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT OR
ORDER OR DIRECTION IN THE NATURE OF WRIT OF MANDAMUS DIRECTING THE 2ND RESPONDENT TO GRANT THE PETITION PROPERTY BEARING CTS NO.781 MEASURING EAST-WEST-54 FEET, SOUTH-NORTH-37 FEET SITUATED WITHIN THE LIMITS OF GOKAK OF TMC, TQ.GOKAK, DIST.BELAGAVI, IN FAVOUR OF THE PETITIONER BY CONSIDERING THE REPRESENTATION DATED 03.06.2024 AS PER ANNEXURE-G.
ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.21 16:31:08 +0530
- 2 -
NC: 2025:KHC-D:3320 WP No. 105769 of 2024
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM:
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The petitioner is before this Court seeking for the following reliefs: I. To issue a Writ or Order or Direction in the nature of Writ of Mandamus directing the 2nd respondent to grant the petition property bearing CTS No.781/A measuring East-West- 54 feet, South-North-37 feet situated within the limits of Gokak of TMC, Tq: Gokak, Dist: Belagavi, in favour of the petitioner by considering the representation dated:
03.06.2024 as per ANNEXURE-H. II. Grant such other reliefs’ as deemed fit by this Hon’ble Court in the circumstances of the case, in the interest of justice and equity.
2. The contention of learned counsel appearing for the petitioner is that representation dated 03.06.2024 at Annexure-H has not been considered by respondent No.2 and the orders passed thereon.
3. A perusal of the Annexure-H would indicate the said representation has been submitted to respondent
- 3 -
NC: 2025:KHC-D:3320 WP No. 105769 of 2024
No.1/Deputy Commissioner and not to respondent No.2/Chief Officer, City Municipal Council.
4. In that view of the matter, reserving liberty to the petitioner to submit a fresh representation to respondent No.2 enclosing all the relevant documents, the petition is disposed of directing respondent No.2 to consider the representation made within a period of 30 days of such submission of application/representation.
Sd/- (SURAJ GOVINDARAJ) JUDGE
AM LIST NO.: 1 SL NO.: 4