A.K. Eshappa vs The State Of Karnataka on 18 January, 2018

[Cites 2, Cited by 0]

Karnataka High Court

A.K. Eshappa vs The State Of Karnataka on 18 January, 2018

Bench: A S Bopanna

                                1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 18TH DAY OF JANUARY, 2018

                        BEFORE

       THE HON'BLE MR. JUSTICE A S BOPANNA

         WRIT PETITION No.14911/2017 (GM-RES)

BETWEEN:

A.K. ESHAPPA
S/O LATE THIPPAIAH
AGED ABOUT 65 YEARS
R/O LIG NO.55, K.H.B. COLONY,
KELAKOTE,
CHITRADURGA 577515.
                                        ... PETITIONER

(BY SRI M V HIREMATH, ADV.)


AND:

1.     THE STATE OF KARNATAKA
       REP. BY ITS SECRETARY
       DEPT. OF HOUSING
       VIDHANA SOUDHA,
       BENGALURU 560 001.

2.     THE KARNATAKA HOUSING BOARD
       REPRESENTED BY ITS CHAIRMAN
       KAVERI BHAVAN, K.G. ROAD,
       BENGALURU 560 009.

3.     THE ASST. EXECUTIVE ENGINEER
       KARNATAKA HOUSING BOARD,
       CHITRADURGA 577515.
                                      ... RESPONDENTS

(BY SRI K P YOGANNA, HCGP. FOR R1
    SRI H M MANJUNATH, ADV. FOR R3
    SRI S A AHMED, ADV. FOR R2)
                              2

       THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO DIRECT
THE RESPONDENTS TO CONSIDER THE REQUISITION DATED
29.04.2013 & 28.01.2017 AS PER ANNX-G & L IN TERMS OF THE
CIRCULAR DATED 04.07.2002 ISSUED BY THE R-2 AS PER ANNX-H
AND ETC.

     THIS PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:

                       ORDER

The petitioner is before this Court seeking that the respondents be directed to consider the requests dated 29.04.2013 and 28.01.2017 as per Annexures-G and L in terms of the Circular dated 04.07.2002 (Annexure-H) and allot the marginal land situate adjacent to the petitioner's property bearing No.55, LIG HUDCO in Kelagote, 1st Phase Extension, Chitradurga.

2. The petitioner claims to be the owner of the property bearing No. LIG 55, HUDCO in Kelagote, 1st Phase Extension, Chitradurga. According to the petitioner, abutting the plot of the petitioner, the land which is termed as marginal land is available. It is in that 3 view, the petitioner has sought to rely on the Circular dated 04.07.2002 relating to the Regularisation of Allotment of Marginal Land and is seeking allotment in terms thereof. In that regard, the petitioner has made the requests as at Annexures-G and L. Since the same has not evoked any response, the petitioner is before this Court.

3. In a matter of the present nature, where the respondents would have to take note of the extent of the land, the Regulation governing the allotment for such marginal land and the terms thereto, the appropriate course is to direct the respondents to take note of the representations said to have been submitted by the petitioner and if any specific application is required to be filed in this regard, such application may also be permitted to be filed by the petitioner. 4

4. On examination of the aspects as indicated above, a decision on the application/representation submitted by the petitioner shall be taken and the same be communicated to the petitioner. Needless to mention that if the consideration is in favour of the petitioner and if the petitioner pays the amount as determined by respondents No. 2 and 3, further action in that regard shall be taken thereafter. In any event, the consideration of the representation submitted by the petitioner shall be made one way or the other in accordance with law within two months from the date on which a copy of this order is furnished.

The petition is disposed of accordingly.

Sd/-

JUDGE akc/bms

Unlock Advanced Research with PRISMAI

Karnataka High Court