Shri L Kumar vs The State Of Karnataka on 26 June, 2012

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Karnataka High Court

Shri L Kumar vs The State Of Karnataka on 26 June, 2012

Bench: Aravind Kumar

                           -1-


     IN THE HIGH COURT OF KARNATAKA
                  AT BANGALORE
      DATED THIS THE 26th DAY OF JUNE, 2012
                        BEFORE
     THE HON'BLE MR.JUSTICE ARAVIND KUMAR

             W.P.NO.5716/2011 (KLR-LG)
BETWEEN

SHRI L KUMAR
S/O L LINGANNA
AGED ABOUT 46 YEARS
R/AT NARSAPURA VILLAGE
SRIGANDADAKAVAL
YESHWANTHPURA HOBLI
BANGALORE NORTH TALUK,
VISWANEEDAM POST
BANGALORE 560 091                       ... PETITIONER

(BY SRI. B ROOPESHA, ADVOCATE)

AND

1.    THE STATE OF KARNATAKA
      REP. BY CHIEF SECRETARY
      REVENUE DEPARTMENT
      M.S.BUIDLING,
      BANGALORE -560 001

2.    THE DEPUTY COMMSISONER
      BANGALORE URBAN DISTRICT
      BANGALORE.

3.    THE TASILDAR
      BANGALORE SOUTH TALUK,
      BANGALORE.

4.    THE REVENUE INSPECTOR
      BANGALORE SOUTH TALUK,
      BANGALORE.

5.    THE TALUK SURVEYOR
      BANGALORE SOUTH TALUK,
      BANGALORE.                   ... RESPONDENTS

(BY SRI. VIJAY KUMAR A. PATIL, HCGP)
                           -2-


      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS TO CONSIDER THE REPRESENTATIONS OF THE
PETITIONER VIDE ANNEXURE-S, S1 & S2 DATED O1.09.2010
AND FURTHER ISSUE A WRIT OF MANDAMUS DIRECTING
RESPONDENTS TO GRANT THE LAND IN SY.NO.8 MEASURING
ABOUT 4.00 ACRES SITUATED AT SULIKERE VILLAGE,
KENGERI HOBLI, BANGALORE SOUTH TALUK AND GRANT AN
INTERIM ORDER TO DIRECT THE RESPONDENTS TO NOT TO
INTERFERE WITH       THE PEACEFUL POSSESSION AND
ENJOYMENT OF THE LAND BEARING SY.NO.8 MEASURING 4.00
ACRES SITUATED AT SULIKERE VILLAGE, KENGERI HOBLI,
BANGALORE SOUTH TALUK BY THE PETITIONER, PENDING
DISPOSAL OF THE ABOVE WRIT PETITION.

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



                       ORDER

Petitioner is knocking the doors of this court for enforcing the order passed by this Court though he has in obtained a Writ of Mandamus was issued to the authorities to consider his application it has not yielded the desired results namely the writs issued by this court has become futile. This observation has been made on account of lopsided attitude of the respondents in not considering the orders passed by this court. -3-

2. Petitioner who claims to be an ex-serviceman and retired from service in the year 1989 filed an application in Form No.50 and 53 through the Sainik Welfare and Re-settlement Board at Bangalore, for grant of land in the light of the Government of Karnataka notifying that applications for grant of land to ex- serviceman would be granted as a measure of rehabilitation. Since the application filed by the petitioner was not considered petitioner approached this court in WP No.20058/2009 and a writ of mandamus was issued to the second respondent herein to consider and dispose of the application which is said to have filed by the petitioner. It was also observed by this court that petitioner should furnish copy of the application since sufficient time has lapsed after submitting the application. Thereafter, petitioner has submitted representations to the authorities. Second respondent has informed third respondent by letter dated. 22/8/2009 to consider petitioner's application-Taluka Surveyor is said to have submitted a report to third respondent that petitioner is cultivating the land. -4- Subsequently Land Grant Committee has considered the applications of several others and granted lands to them. On account of petitioner application not being considered petitioner sought for information and on 7.1.2010 an endorsement came to be issued to the petitioner informing him that applications of others have been considered and not that of petitioner herein. Aggrieved by this order endorsement petitioner approached this court in WP No.21709/2010. The said Writ Petition came to be allowed and endorsement came to be quashed with a direction to respondents to consider the application filed by petitioner and pass appropriate orders in accordance with law or to assign reasons for not entertaining his application.

3. Even though said order has been passed on 3.8.2010 it seems to have not percolated down on the authorities concerned since application by petitioner has not been considered as yet and direction issued by this court having not been implemented petitioner has submitted yet one more representation as per -5- Annexure-S dated 1.9.2010. The authorities cannot lose sight of the fact that petitioner is an ex-serviceman who has rendered service for the country. Such persons not only deserves to be recognised with utmost respect and their grievances if any also requires to be considered expeditiously. In that view of the matter, it would suffice if a direction is issued to 3rd respondent to consider the representation of the petitioner dated 1.9.2010 Annexure-S in the background of directions issued by this court in Writ Petition No.21709/2010 and pass orders on said application said to have been filed by the petitioner for grant of land expeditiously at any rate within six months from the date of receipt of certified copy of this order.

With the above said observations, Writ Petition stands disposed of. Ordered accordingly.

Sd/-

JUDGE PL

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