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2026 DAILYLAW 45668 (KAR)

SRI T SUBAIAH @ SUBANNA v. THE COMMISSIONER

WP/4392/2017 · 2026-01-05

Suraj Govindaraj

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:149 WP No. 4392 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 4392 OF 2017 (LB-RES) BETWEEN: 1. SRI T SUBAIAH @ SUBANNA S/O KUPPUSWAMY SINCE DECEASED BY LRS 1A. SMT. T.B. CHANDRAVATI W/O. SRI. T.B. SUBBANNA AGED ABOUT 61 YEARS R/O. LAKSHMIPUR EXTENSION NEAR SEVA KENDRA HASSAN - 563 201 1B. SMT. H.S. KAVITA D/O. T.B. SUBBAIAH @ SUBBANNA AGED ABOUT 41 YEARS R/O. NO.1767, EWS, BUS STOP ROAD YALAHANKA NEW TOWN 3RD PHASE, BENGALURU - 560 064 1C. SMT. H.S. TEJASWINI AGED ABOUT 42 YEARS D/O. T.B. SUBBAIAH @ SUBBANNA AGED ABOUT 42 YEARS R/O. NO.391/1, SURAVI RAGHAVENDRANAGAR, KALYAN NAGAGR BENGALURU - 560 043 1D. SUNIL KUMAR H.S. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:149 WP No. 4392 of 2017 AGED ABOUT 40 YEARS S/O. T.B. SUBBAIAH @ SUBBANNA AGED ABOUT 61 YEARS R/AT LAKSHMIPUR EXTENSION NEAR SEVA KENDRA HASSAN - 563 201 …PETITIONERS (BY SRI. SRINIVAS V., ADVOCATE) AND: 1. THE COMMISSIONER CITY MUNICIPAL COUNCIL HASSAN - 583 201 2. THE DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN - 583 201 …RESPONDENTS (BY SMT. CHANDINI SINGH, HCGP FOR R2 SRI. A. RAVISHANKAR, ADVOCATE FOR R1) THIS W.P. FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO RESPONDENTS TO CONSIDER THE REPRESENTATION AT ANNEXURE-G DATED 20.02.2007 AND THE REPRESENTATION AT ANNEXURE-H DATED 27.01.2014 AND ALLOT THE PLOT MEASURING 20x40 MOREFULLY DISCRIBED IN THE SCHEDULE TO THE PETITIONER AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2026:KHC:149 WP No. 4392 of 2017 ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs: "Wherefore, the petitioner most respectfully prays that this Hon'ble court be pleased to: a) Issue a writ of mandamus or any other writ, order or direction, to respondents to consider the representation at Annexure-G dated 20/02/2007 and the representation at Annexure-H dated 27/1/2014 and allot the plot measuring 20' x 40' morefully described in the schedule to the petitioner. b) Grant such other and further reliefs this Hon'ble court may deems fit to grant under the circumstances of the case, in the interest of justice and equity." 2. The grievance of the petitioner is that the representations which had been submitted by the petitioner on 20.02.2007 at Annexure-G and on 27.01.2014 at Annexure-H for allotment of plot has not been considered by the respondents. 3. Though learned counsel for respective respondents submit that there are several correspondence which has taken place between the petitioner and the respondents, the fact remains that the - 4 - HC-KAR NC: 2026:KHC:149 WP No. 4392 of 2017 representations which had been submitted in the year 2007 and 2014 are yet to be considered and orders passed by the respondents. 4. Whenever any representation or application is filed by a citizen before the respondent-Municipal Authorities, it is required for the respondents to consider the same and pass necessary orders in accordance with law, either accepting or rejecting the representation. Needless to say if an order of rejection is passed, the same would have to be accompanied by cogent reasons. Neither having been done, in my considered opinion, respondent No. 1 has abdicated his duties and not passed any orders for the last several years leaving the petitioner no other option but to approach this Court. The petition having been filed in the year 2017, even till today the representation continues to be unanswered and unconsidered. - 5 - HC-KAR NC: 2026:KHC:149 WP No. 4392 of 2017 5. In that view of the matter, I pass the following:- ORDER i.Writ petition is allowed. A mandamus is issued. ii.Respondent No. 1 is directed to consider the representations of the petitioner dated 20.02.2007 and 27.01.2014 at Annexures-G and H and pass necessary orders within a period of 15 days from the date of receipt of the copy of this order. SD/- (SURAJ GOVINDARAJ) JUDGE BSV CT-SG List No.: 1 Sl No.: 15