Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:32986 WP No. 16750 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 16750 OF 2026 (LB-RES) BETWEEN:
VENKATESH S/O. LATE CHIKKAMADAIAH AGED ABOUT 46 YEARS R/AT. NO.1495, ASHWATHAKATTE MAIN ROAD KATTAMARANA HALLI, MYSORE DISTRICT - 570019. …PETITIONER (BY SRI. SYED ARIF PASHA., ADVOCATE FOR SRI. LETHIF B., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA BY DEPARTMENT OF URBAN DEVELOPMENT REPRESENTED BY ITS SECRETARY VIDHAN SOUDHA, BENGALURU.
2.
MYSORE URBAN DEVELOPMENT AUTHORITY (MUDA) MYSORE CITY REPRESENTED BY ITS
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:32986 WP No. 16750 of 2026
COMMISSIONER MYSORE CITY MYSORE -570 001. …RESPONDENTS
(BY SRI.BOPANNA BELLIAPPA., AGA FOR R1;
SRI. G.B. SHARATH GOWDA., ADVOCATE FOR R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT TO CONSIDER THE REPRESENTATIONS AT ANNX-E DATED 31.03.2026;
DIRECTING THE R2 TO ALLOT THE 2 SITES IN FAVOUR OF THE PETITIONER AT SATAGALLI I STAGE LAYOUT FOR MEASURING 60X40 FT AND 30X40 FIT.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
ORAL ORDER
The petitioner has filed this petition with prayers which read as under. a. For issuance of a writ of mandamus directing the respondent to consider the representations at Annexure-E dated
31.03.2026. b. For issuance of a writ of Mandamus or
order or direction directing the second respondent to allot the 2 sites in favour
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HC-KAR NC: 2026:KHC:32986 WP No. 16750 of 2026
of the petitioner at Satagalli I Stage Layout for measuring 60 x 40 ft and 30 x 40 ft in the interest of justice.
The petitioner's case for allotment of sites hinges on the assertion that the properties owned by his family members have been taken over under a mutual agreement subject to an award and that there is an assurance to allot sites in lieu of compensation. The petitioner has referred to certain instances in the course of the petition to buttress a claim for the alternative sites.
Sri Syed Arif Pasha, the learned counsel for the petitioner, argues for directions as aforesaid, but Sri G B Sharath Gowda, the learned counsel who is on record for the second respondent, submits that even according to the petitioner the lands were taken over in the year 1986 and an Award passed in the year 1988 but the applications are filed only in March
2026. The learned counsel submits that the said petition could be disposed of calling upon the second
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HC-KAR NC: 2026:KHC:32986 WP No. 16750 of 2026
respondent to consider the petitioner's representation but without prejudice to the defenses that would be available against making an allotment. In other words, the learned counsel makes a request for disposal of the petition with directions to the second respondent to consider the petitioner's representation with liberty to consider all circumstances. In the light of the afore, the following.
ORDER [A] The petition stands disposed of with liberty to the petitioner to file a certified copy of this Order with the second respondent within three [3] weeks from the date of receipt thereof
[B] The second respondent is called upon to consider the petitioner's request and communicate the decision within a period of three [3] months from the date of receipt of a certified copy of this Order observing
- 5 - HC-KAR NC: 2026:KHC:32986 WP No. 16750 of 2026 that this Court has not examined the merits of the petitioner's claim for an allotment as that is left open to be considered by the second respondent. SD/- (B M SHYAM PRASAD) JUDGE AN/-