Karnataka High Court
Bethany Shanti Nilaya vs The Deputy Commissioner And Ors on 3 August, 2023
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NC: 2023:KHC-K:6136
WP No. 200594 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 3RD DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
WRIT PETITION NO. 200594 OF 2023 (LB-RES)
BETWEEN:
BETHANY SHANTI NILAYA
N.H.9 BYPASS ROAD,
HUMANABAD-585 330
DIST. BIDAR, REPRESENTED BY
THE PROVINCIAL SUPERIOR,
MANGALORE PROVINCE-REV,
SR CICILIA MENDONCA
...PETITIONER
(BY SRI. PRAMODKUMAR, ADVOCATE FOR
SRI.RAMCHANDRA K., ADVOCATE)
Digitally signed
by VARSHA N
RASALKAR
Location: High
Court Of AND:
Karnataka
1. THE DEPUTY COMMISSIONER
BIDAR-585401
2. THE ASST. DIRECTOR OF
TOWN AND COUNTRY PLANNING
AUTHORITY, BIDAR-585 401
3. THE CHIEF OFFICER
MUNICIPAL OFFICER,
HUMNABAD-585 330
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NC: 2023:KHC-K:6136
WP No. 200594 of 2023
4. THE SECRETARY
TOWN PLANNING AUTHORITY,
HUMNABAD-585 330
...RESPONDENTS
(BY SMT.MAYA T.R., HCGP FOR R1 & R2;
SRI.GOURISH S. KHASHAMPUR, ADVOCATE FOR R3;
R4 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE WRIT OF MANDAMUS OR DIRECTIONS TO THE
RESPONDENTS TO CONSIDER THE REPRESENTATION FOR
ISSUE OF APPROVED OF LAYOUT MAP OF LAND SY.NO.117/2B2
OF MEASURING 1 ACRE 20 GUNTAS OF PETITIONER LAND
DATED 24.07.2018 AS PER ANNEXURE-L.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
In this writ petition, the grievance of the petitioner is that respondent No.4 has not considered the representation dated 24.07.2018 (Annexure-L).
2. Respondent No.4 being an instrumentality of the State under Article 12 of the Constitution of India is bound to consider the representation submitted by the petitioner.
3. In that view of the matter, without expressing any opinion on the merits of the case, the writ petition is -3- NC: 2023:KHC-K:6136 WP No. 200594 of 2023 disposed of directing respondent No.4 to consider the representation at Annexure-L in accordance with law.
4. The petitioner is permitted to make one more representation along with all the relevant documents to enable respondent No.4 to consider the claim made by the petitioner.
5. If such a representation along with documents is submitted within two weeks from the date of receipt of a certified copy of this order, the same shall be considered by respondent No.4 within eight weeks from the date of receipt of such representation.
6. In view of disposal of the main matter, I.A.No.1/2023 does not survive for consideration and accordingly, the same stands disposed of.
Sd-
JUDGE NB List No.: 1 Sl No.: 33