- 1 - NC: 2025:KHC-K:2393 WP No. 201098 of 2024 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.201098 OF 2024 (GM-RES) BETWEEN: SRI. SHIVAKUMAR S/O. SHRIMANTHRAO HOSAMANI, AGED ABOUT 50 YEARS, OCC: AGRICULTURE, R/O: AT POST : C/O S.S. HOSAMANI, KHB COMPLEX, CF-21, VRL BOOKING POINT, OPP. CENTRAL BUS STAND, KALABURAGI – 585 103. …PETITIONER (BY SRI. MAHESH PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BENGALURU – 560 001. 2. KALABURAGI URBAN DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER, NEAR MINI VIDHAN SOUDHA, STATION ROAD, KALABURAGI – 585 102. …RESPONDENTS (BY SRI. MAQBOOL AHMED, AGA FOR R1; SRI. ANANTH S. JAHAGIRADAR, ADV. FOR R2) Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2393 WP No. 201098 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE MANDAMUS/DIRECTIONS TO THE RESPONDENTS TO CONSIDER HIS REPRESENTATION DATED 14.07.2021 AT ANNEXURE-C AND ALSO REPRESENTATION DATED 04.02.2024 AT ANNEXURE-E AND DIRECT THE RESPONDENTS TO EXECUTE THE SALE DEED IN HIS FAVOUR IN RESPECT OF ALLOTTED SITE NO.579 MEASURING 9 X 12 MTRS IN MSK MILL HOUSING PROJECT KALABURAGI AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER (PER: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri.Mahesh Patil learned counsel for the writ petitioner, learned Additional Government Advocate who represents respondent No.1 as well as Sri.Ananth S.Jahagirdar, learned counsel for respondent No.2. 2. Learned counsel for the writ petitioner submits that a site bearing No.579 in MSK Mill Housing Project, Kalaburagi was allotted to the petitioner by respondent No.2 and the petitioner paid entire sale consideration. However, site was not registered in favour of the - 3 - NC: 2025:KHC-K:2393 WP No. 201098 of 2024 petitioner. On that, the petitioner filed writ petition i.e. W.P.No.200871/2022. The said writ petition was disposed of on 19.07.2022 directing respondent No.2 to execute sale deed in respect of said site. However, the order of this Court was not obliged by respondent No.2. On this, petitioner submitted a representation on 04.02.2024. There is no response even for that representation. Therefore, the present writ petition is filed. 3. Sri.Ananth S.Jahagirdar, learned counsel submits that the representation of the petitioner will be considered. W.P.No.200871/2022 was disposed of on 19.07.2022 directing respondent No.2 to consider the representation of the petitioner and in the event it is found that the petitioner has paid entire sale consideration, to take steps to execute sale deed in favour of the petitioner, as expeditiously as possible, but not later than four months from the date of receipt of certified copy of the order. - 4 - NC: 2025:KHC-K:2393 WP No. 201098 of 2024 4. Thus, respondent No.2 i.e., Kalaburagi Urban Development Authority is under obligation to act upon. No reasons are assigned as to why the order of this Court is not obliged. There is no requirement for the petitioner to submit another representation. However, the representation submitted by the petitioner again on 04.02.2024 is kept pending. These facts reveal gross negligence on the part of respondent No.2 in dealing with the grievance of the public and attending the same. However, to give one more chance, this Court considers desirable to direct respondent No.2 to consider the representation of the petitioner dated 04.02.2024 and pass appropriate orders. 5. Thus, the writ petition is disposed of with the following: ORDER i. Respondent No.2, Kalaburagi Urban Development Authority is directed to consider the representation of the petitioner dated 04.02.2024 in the light of the order - 5 - NC: 2025:KHC-K:2393 WP No. 201098 of 2024 that is rendered by this Court in W.P.No.200871/2022 dated 19.07.2022 and pass appropriate orders within a period of four weeks from the date of receipt of certified copy of this order. ii. The certified copy of the order be communicated to the petitioner either by the learned standing counsel or by the counsel of the petitioner. iii. In case, respondent No.2 Commissioner, Kalaburagi Urban Development Authority fails to give proper reply to the representation of the petitioner dated 04.02.2024 within the time granted i.e., four weeks from the date of receipt of certified copy of this order, he would be at liability to pay costs of Rs.50,000/- (Rupees Fifty Thousand Only) to the Advocates Library Fund, High Court Unit, Kalaburagi. Sd/- (Dr.CHILLAKUR SUMALATHA) JUDGE VNR List No.: 1 Sl No.: 45 CT:NI