R H Construction And Developers Private ... vs Tumakuru Smart City Limited on 18 August, 2022

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Karnataka High Court

R H Construction And Developers Private ... vs Tumakuru Smart City Limited on 18 August, 2022

Bench: Hemant Chandangoudar

                           1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 18TH DAY OF AUGUST, 2022

                          BEFORE

     THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

       WRIT PETITION NO.19466 OF 2021 (LB-RES)

BETWEEN:

R.H. CONSTRUCTION AND DEVELOPERS PRIVATE LIMITED
2-72(2) M/S KANACHUR SEASONING INDUSTRIES
NH66 KALLAPU, MANGALORE - 575 017
DAKSHINA KANNADA, KARNATAKA
REPRESENTED BY ITS MANAGING DIRECTOR
MR. MOHAMMED IBRAHIM
S/O MR. IBRAHIM M.
AGED ABOUT 54 YEARS
                                       ... PETITIONER

(BY SRI. SHASHIKIRAN SHETTY SR. COUNSEL FOR
    SMT. LATHA S. SHETTY, ADVOCATE)

AND:

1.     TUMAKURU SMART CITY LIMITED
       TUMAKUR, SRI. MAHALAKSHMI ARCADE
       S.S. PURAM MAIN ROAD
       COFFEE BOARD COLONY
       TUMAKURU - 572 102
       REPRESENTED BY ITS
       MANAGING DIRECTOR AND
       CHIEF EXECUTIVE OFFICER

2.     TUMAKURU CITY CORPORATION
       TOWN HALL MAHAVEER VACANT ROAD
       GANDHINAGARA, TUMAKUR
       KARNATAKA - 572 102
                                 2



      REP. BY ITS COMMISSIONER.

     AS PER COURT ORDER DATED:03.12.2021
                                       ... RESPONDENTS
(BY SRI. B.R. SREEVATSA, ADVOCATE FOR RESPONDENTS)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE LETTER DATED:24.09.2021 ISSUED BY THE
RESPONDENT (ANNX-A), DECLARE THE ACTION OF THE
RESPONDENT IN ISSUING THE LETTER DATED:24.09.2021 AS
HIGHLY ARBITRARY AND ILLEGAL (ANNX-A) AND ETC.

     THIS WRIT PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:

                           ORDER

The respondents issued notification inviting tenders from eligible persons for the purpose of construction of Multi Utility Mall-cum-Parking at Vinayaka Market in Tumakuru. The petitioner participated in the said tender process and was declared as a successful bidder and letter of acceptance was also given to the petitioner. The petitioner submitted a design with the respondent for approval of the design for the purpose of construction of multi-utility Mall-cum-Parking. However, the said plan was rejected on the ground that there exists a temple in the middle of the property in question against which the present petition is filed. 3

2. Sri.Shashikiran Shetty, learned senior counsel for the petitioner submits that the petitioner has submitted a fresh proposal stating that the temple in question will be retained in the subject land and the plan requires to be approved by the respondents.

3. Learned counsel for respondents submitted that the proposal submitted by the petitioner will be placed before the 1st respondent and an appropriate order will be passed on the proposal submitted by the petitioner dehorse the impugned communication dated 24.09.2021 issued by respondents at Annexure-A.

4. Submission is placed on record.

5. Therefore, it is appropriate to dispose of the present petition with a direction to the Respondent No.1 to consider the proposal dated 11th April 2022 submitted by the petitioner and approve the plan for construction of multi-utility Mall- cum-Parking at Vinayaka Market in Tumakuru strictly in accordance with terms and conditions contained in the letter of acceptance/work order. The said exercise shall be 4 completed within a period of four weeks from the date of receipt of copy of this order. Petition is disposed of.

Sd/-

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