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2025 DAILYLAW 73596 (KAR)

NARAYANSWAMY B N v. THE STATE OF KARNATAKA

WP/32564/2025 · 2025-10-30

R Nataraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:43429 WP No. 32564 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 32564 OF 2025 (LB-RES) BETWEEN: NARAYANSWAMY .B.N S/O. NARAYANAPPA AGED ABOUT 63 YEARS R/AT NO.22/3 OLD POLICE STATION ROAD BEHIND MILK DAIRY KADUGODI PLANTATION, KADUGODI BANGALORE SOUTH-560 067. …PETITIONER (BY SRI. RAHUL S. REDDY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ M.S.BUILDING, BENGALURU-560 001. 2. THE CHIEF OFFICER ZILLA PANCHAYATH BANGALORE DISTRICT BANASHANKARI BANGALORE-560 082. 3. THE CHIEF OFFICER TALUK PANCHAYAT BANGALORE EAST TALUK K.R.PURAM BANGALORE-560 049. Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43429 WP No. 32564 of 2025 …RESPONDENTS (BY MS. SPOORTHY .V, HCGP FOR R1; SRI. M.S. PRAKASH, ADVOCATE FOR R2; SRI. M.S. DEVARAJU, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS OF THE PETITIONER DATED 28/11/2022 VIDE ANNEXURE C TO C3 AND 23/06/2023 ANNEXURE - D AND D1. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has sought for a writ in the nature of mandamus to consider his representations dated 28.11.2022 and 23.06.2023 respectively. 2. (i) The petitioner claims that he was employed as a High School Teacher at Government Pre- University College, Kadugodi, Bengaluru. By order dated 26.06.1995, respondent No.3 allotted quarters to the petitioner. The petitioner superannuated from service on 30.11.2022 but he continued to live in the Government quarters. - 3 - HC-KAR NC: 2025:KHC:43429 WP No. 32564 of 2025 (ii) He claims that the State Government vide its order dated 23.11.2022 passed an order directing the Zilla Panchayat, Taluk Panchayat and Gram Panchayat to sell, lease or transfer the properties belonging to them at the market value. The petitioner therefore submitted a representation dated 28.11.2022 requesting respondent Nos.2 and 3 to sell the quarters in his occupation to him. The said representation was not considered and therefore the petitioner filed yet another representation on 26.03.2023. Thereafter, respondent No.1 addressed a letter to respondent No.2 on 14.12.2023 to consider the petitioner's representations. However, the respondent Nos.2 and 3 did not consider the representations and therefore, petitioner is before this Court seeking for a direction. 3. Learned counsel for respondent No.3 submits that the petitioner has no right to compel respondent No.3 to sell the property in his occupation to him. He however - 4 - HC-KAR NC: 2025:KHC:43429 WP No. 32564 of 2025 submits that if there is any proposal for selling the properties, the case of petitioner would be considered in accordance with the direction that may be issued by State Government. 4. In view of the aforesaid submission, the writ petition stands disposed off directing respondent Nos.2 and 3 to consider the representations of the petitioner in accordance with law and issue appropriate reply to the petitioner. This shall be done within a period of 08 weeks from the date of receipt of a copy of this order. 5. Learned Additional Government Advocate and learned counsel for respondent Nos.2 and 3 are permitted to file memo of appearance within a period of 10 days. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 38