Karnataka High Court
Sri. S.R. Satish Babu vs The State Of Karnataka on 14 November, 2022
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE Mr. JUSTICE M.G.S. KAMAL
WRIT PETITION No.5853 OF 2015 (LB - RES)
BETWEEN:
SRI. S.R. SATISH BABU,
S/O SRI. S. RUDRAMUNIYAPPA,
AGED ABOUT 39 YEARS,
OPP.OLD KEB OFFICE,
CHITRADURGA ROAD,
CHALLAKERE TOWN - 577 522.
...PETITIONER
(BY SRI.P.H.VIRUPAKSHAIAH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS
SECRETARY TO URBAN
DEVELOPMENT DEPARTMENT,
MULTISTORIED BUILDINGS,
BANGALORE - 560 001.
2. TOWN MUNICIPALITY,
CHALLAKERE - 577 522,
REPRESENTED BY ITS
CHIEF OFFICER.
3. THE DEPUTY COMMISSIONER,
CHITRADURGA DISTRICT,
2
CHITRADURGA - 577 001.
... RESPONDENTS
(BY SMT.G.K.BHAVANA, ADVOCATE FOR
M/S.GKM ASSTS., ADVOCATES FOR R2;
SMT.M.C.NAGASHREE, AGA FOR R1 AND R3)
THIS PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
R-2 TOWN MUNICIPALITY, CHALLAKERE, TO EXECUTE THE
CONVEYANCE DEED IN RESPECT OF THE SCHEDULE-B
PROPERTY IN FAVOUR OF THE PETITIONER PURSUANT TO
THE RESOLUTION DATED 1.3.2014 (ANNEXURE - E)
FORTHWITH AT ITS COST AND ETC.,
THIS PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Present petition is filed by the petitioners, seeking the following reliefs:
"Issue a writ of mandamus or any other writ or order or direction, as the case may be, directing the 2nd respondent Town Municipality, Challakere, to execute the conveyance deed in respect of the Schedule-B property in favour of the petitioner pursuant to the Resolution dt.1/3/2014 (Annexure- E) forthwith at its cost."
2. It is the case of the petitioners that pursuant to the Government Order No.HUD 179 AMD 88, dated 17.04.1989, produced at Annexure-A, 3 certain sites were sold in public auction by respondent No.2 and confirmed by respondent No.1. One such being Site No.87 measuring 16.8 x 26.8 meters was purchased by Sri T.Kumar. The said site being a large site, same was bifurcated into three sites and khatha was registered into three independent sites. In the said bifurcation, site No.87/B which is morefully described in the Schedule-A hereunder was purchased by the petitioner under the sale deed dated 09.11.2009.
3. That without there being any acquisition proceedings the site belonging to the petitioner was utilised for formation of road. Though it was denied by the respondents that the site belonging to the petitioner was utilised for formation of road, on the direction of this court by order dated 22.06.2022 inspection was conducted by respondent No.2 and the report in this regard was filed in which it was found 4 that the measurement of the site was less compared to the measurement given while allotment. Consequently this court by order dated 18.07.2022 had directed respondent No.2 to identify a suitable site having same guidance value to meet the shortfall and allot the same to the petitioner within a period of two weeks. Thereafter on 17.10.2022 respondent No.2 submitted that they are ready and willing to offer two sites value of which equal to that of a site earlier belonging to the petitioner and that the said sites are located outside the Challakere town. The petitioner has expressed his willingness to accept the same.
4. In furtherance to the above development an affidavit dated 10.11.2022 is filed duly sworn to by Sri Chandrappa.C, the Commissioner of Town Municipality, Challakere in which he has deposed as under:
5
"I, Chandrappa.C, S/o Chandappa, aged about 50, Commissioner of Respondent No.2, do hereby solemnly affirm and state on oath as follows:-
1. I am the Commissioner of Respondent No.2 in the above case and I know the facts. Hence, I am swearing to the contents of the above Affidavit.
2. It state that the Town Municipal Council of Challakere has now become the City Municipal Council of Challakere.
3. It state that Respondent No.2 has identified 2 sites bearing katha No.5848/4588/4588/1087 measuring 6*9 meters and katha No.5849/4589/4589/1088 measuring 6*9 meters as sites that are suitable to be allotted to the petitioner, Sri. Sathish Babu and has decided to allot the same in favour the petitioner in compliance of order dated 18.07.2022 of this Hon'ble Court. I further state that the said sites are a part of Residential layout formed by Karnataka Housing Board, which came to be subsequently handed over to the Respondent No.2.
4. I state that I require some time to get the said sites sanctioned by higher authorities including the Respondent No.3, the Deputy Commissioner of Chitra Durga District which will be done on a priority basis. In view of the same, I seek time till the end of December 2022 to get the said site sanctioned from higher authorities.
5. I state that the Municipal Council of Challakere has the power to allot the said sites in favour of the petitioner under Section 72 of the Karnataka Municipalities Act but with the permission of the Government.
6. I state that in view of the above circumstances, the Respondent No.2 prays that this Hon'ble Court may be pleased to grant time till December 2022 to obtain the approvals required and properly allot the aforesaid sites in favour of the petitioner herein, Mr. Sathish Babu after having followed due procedure.6
Wherefore, in view of the above, the above affidavit may kindly be taken on record and the Respondent No.2 may be kindly be granted time to allot the sites to the petitioner in the interest of justice."
5. The affidavit is taken on record and the same is served on the petitioner.
6. Since respondent No.2 has undertaken to allot the sites in terms of the aforesaid affidavit, the petition is disposed of, directing respondent No.2 to allot the sites as undertaken in the affidavit on or before 10.01.2023.
Sd/-
JUDGE ssb