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2025 DAILYLAW 8366 (KAR)

MANJUNATH S/O SHANIYAR MOGER v. THE CHIEF EXECUTIVE OFFICER

WP/100468/2025 · 2025-02-06

Suraj Govindaraj

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Judgment text

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- 1 - NC: 2025:KHC-D:2290 WP No. 100468 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100468 OF 2025 (LB-RES) BETWEEN: 1. MANJUNATH S/O SHANIYAR MOGER AGE. 44 YEARS, OCC. NIL. 2. GANAPATHI S/O VENKATRAMANA MOGER AGE. 44 YEARS, OCC. NIL. 3. NARAYAN S/O LAXMAN MOGER AGE. 30 YEARS, OCC. NIL 4. NAGAPPA S/O KUPPU HARIKANT AGE. 38 YEARS, OCC. NIL. 5. GANESH S/O JATTU NAYAK AGE. 39 YEARS, OCC. NIL ALL ARE R/O. HANALAMAKKI - MAVALLI - 1 MURDESHWAR, TQ. BHATKAL - 581 35. …PETITIONERS (BY SRI. V.S. KALASURMATH,ADVOCATE) AND: 1. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH, UTTARA KANANDA, KARWAR - 581 301. 2. PANCHAYAT DEVELOPMENT OFFICER RURAL PANCHAYAT OFFICE, GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:2290 WP No. 100468 of 2025 MAVALLI - 01, MURDESHWAR, TQ.BHATKAL, UTTARA KANNADA - 581 301 …RESPONDENTS (BY SRI. S.V. YAJI., ADVOCATE FOR R1; NOTICE TO R2 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED. 19-03-2021, 29-11- 2022, 11-10-2023 PERMITTING TO USE CART PUSH BY HAND (TALLUGAADI) USED BY STREET VENDERS AT MURUDESHWAR BEACH VIDE ANNEXURE-A, B AND C RESPECTIVELY AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: i. To issue a writ in the nature of mandamus directing the respondents to consider the representations dated 19.03.2021, 29.11.2022, 11.10.2023 permitting to use cart push by hand (tallugaadi) used by street venders at Murudeshwar Beach vide Annexure-A, B and C respectively. ii. To grant such other relief/s as deems fit in the circumstances of the case and allow the writ petition with costs in the interest of justice and equity. 2. The grievance of the petitioners is that the application submitted by the petitioners to put up - 3 - NC: 2025:KHC-D:2290 WP No. 100468 of 2025 shops to carry out petty business on Murudeshwar beach dated 17.12.2018 followed by representations dated 19.03.2021, 29.11.2022, 11.10.2023 at Annexures- A, B and C have not been considered by the respondents. 3. Whenever any application is submitted by a citizen to an Authority, the said application is required to be considered by the Authority in accordance with law and necessary orders to be passed either accepting or rejecting the said application. Needless to say if the applications are rejected reasons have to be given. In the present matter, neither having been done, I pass the following: ORDER i. The Writ petition is allowed. ii. Mandamus is issued directing respondent No.2 to consider the representations of the - 4 - NC: 2025:KHC-D:2290 WP No. 100468 of 2025 petitioners dated 19.03.2021, 29.11.2022, 11.10.2023 at Annexures- A, B and C, strictly in accordance with law and pass necessary orders thereon strictly in accordance with law within 30 days from the date of receipt of the copy of this order. iii. It is made clear that this court has not expressed any opinion of the applications filed by the petitioners. iv. Sri.S.V.Yaji, learned counsel is permitted to file vakalat for respondent No.1 in three weeks’ time. Sd/- (SURAJ GOVINDARAJ) JUDGE LN/List No.: 1 Sl No.: 16