SMT DANESHWARI W/O SHIVALINGAPPA GANACHARI v. THE STATE OF KARNATAKA
WP/106708/2024 · 2025-02-18
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7661 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7661 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:3226 WP No. 106708 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF FEBRUARY, 2025
BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.106708 OF 2024 (LB-RES) BETWEEN:
SMT. DANESHWARI W/O. SHIVALINGAPPA GANACHARI, AGE: 66 YEARS, OCC: HOUSEHOLD WORK, R/O. PLOT NO.2884, NEAR KPTCL, RAMTEERTH NAGAR, BELAGAVI-590001.
NOW RESIDING AT: GANACHARI ONI, AT POST. M.K. HUBLI, TQ: KITTUR, DIST: BELAGAVI-591110. …PETITIONER (BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA, URBAN DEVELOPMENT DEPARTMENT, VIDHAN SOUDHA, BENGALURU-560001, REPRESENTED BY ITS PRINCIPAL SECRETARY.
2.
DIRECTORATE OF MUNICIPAL ADMINISTRATION, 9TH AND 10TH FLOORS, VISHWESHWARAIAH TOWER, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560001, REPRESENTED BY ITS DIRECTOR.
3.
BELAGAVI CITY CORPORATION, BELAGAVI, SUBHASH NAGAR, BELAGAVI-590016, REPRESENTED BY ITS COMMISSIONER. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1 & R2;
SRI. CHETAN MUNNOLI, ADVOCATE FOR R3)
ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD
BENCH
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NC: 2025:KHC-D:3226 WP No. 106708 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS, DIRECTING THE RESPONDENTS TO EXECUTE A SALE DEED IN FAVOR OF THE PETITIONER IN RESPECT OF PLOT BEARING CTS NO.6443 SITUATED AT SECTOR NO.8, ANJANEYA NAGAR, MALAMARUTI EXTENSION, BELAGAVI PURSUANT TO THE ALLOTMENT LETTER ISSUED RESPONDENT NO.3 DATED 03-12-1998 BEARING NUMBER CCB/MMES/SR/7/98-99 VIDE ANNEXURE-A AND ETC.
THIS 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. The petitioner is before this Court seeking for the following reliefs: a) Issue a Writ of Mandamus, directing the respondents to execute a sale deed in favor of the petitioner in respect of Plot bearing CTS No.6443 situated at Sector No.8, Anjaneya Nagar, Malamaruti Extension, Belagavi pursuant to the allotment letter issued Respondent No.3 dated 03- 12-1998 bearing number CCB/MMES/SR/7/98-99 vide Annexure-A.
b) Issue any such other Writ or direction as deem fit by this Hon’ble court on the
facts and circumstances of this case to meet the ends of justice and equity.
2. The grievances the petitioner is that the representations which had been submitted by the petitioner to execute a sale deed in favour the petitioner vide letter dated 12.12.2011 at Annexure-J and subsequent latter dated 28.02.2023 at Annexure-K, has not been considered by
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NC: 2025:KHC-D:3226 WP No. 106708 of 2024
the respondents and a sale deed has not been executed in favour of the petitioner.
3. Whenever requests/representations are submitted by a citizen to an authority, the same is required to be considered and necessary orders passed either accepting or rejecting. Of course when the request is rejected, reasons have to be given. Neither having been done, I pass the following:
ORDER i) Writ petition is allowed in part. ii) A mandamus is issued directing the respondents to consider the representations dated 02.01.2004, 31.03.2008, 06.01.2009, 13.02.2009, 12.12.2011 and 28.02.2023 at Annexures-E to K and pass orders thereon within a period of 30 days from the date of receipt of certified copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT-MCK List No.: 1 Sl No.: 6