Savithramma W/O Ningaiah vs The Secretary on 22 March, 2013

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Karnataka High Court

Savithramma W/O Ningaiah vs The Secretary on 22 March, 2013

Bench: S.Abdul Nazeer

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

   DATED THIS THE 22ND DAY OF MARCH 2013

                      BEFORE

   THE HON'BLE MR.JUSTICE S.ABDUL NAZEER

       WRIT PETITION No.25997/2010 (LB-RES)

BETWEEN:

Savithramma
W/o Ningaiah
Aged about 49 years,
R/at 3rd Ward,
Bannimantap Extension
Near PLD Bank
K.R.Nagara,
Mysore District-571602.                .. Petitioner

 ( By Sri M.C.Basavaraju, Advocate )


AND:

  1. The Secretary,
     Government of Karnataka,
     Department of Revenue
     M.S.Building,
     Bangalore-560001.

  2. The Tahsildar,
     K.R.Nagara Taluk,
     K.R.Nagar,
     Mysore District-571602.

  3. The Chief Officer,
     Town Municipal Council
                             2




     K.R.Nagara,
     Mysore District-571602.

  4. The Managing Director,
     Karnataka Public Properties Nigam Ltd.,
     2nd Floor, D.C.Office Building,
     Near City Civil Court Complex
     K.G.Road,
     Bangalore-560009.               .. Respondents

     ( By Sri R.B.Satyanagarayan Singh, HCGP
       For R-1 & 2; R4 served )


      This Writ Petition is filed under Articles 226 & 227
of the Constitution of India praying to quash the
impugned letter of communication dated 2.6.2010 vide
Annexure-D issued by the 4th respondent under the
facts and circumstances of the case.

      This Writ Petition coming on for preliminary
hearing in `B' group this day, the Court made the
following :


                       ORDER

In this case the petitioner has called in question the validity of the communication at Annexure-`D' dated 2.6.2010, whereby the 1st respondent has called upon the petitioner to demolish the shed constructed by her in the site bearing No.23 in Survey 3 No.72 situated within the limits of K.R.Nagar Town Municipal Council, Mysore District.

2. The contention of the petitioner is that she was allotted the site as per the allotment letter dated 8.2.1993 vide Annexure-`A' under the Ashraya Scheme. The khata was transferred in her favour and she has been paying the tax. The 4th respondent has called upon the petitioner to demolish the construction put up by her unilaterally.

3. The Chief Officer, Town Municipal Council, K.R.Nagar, the third respondent herein is present before the Court. He has produced the records. A perusal of the records would indicate that the site in question was allotted to the petitioner on 8.2.1993 under Ashraya Scheme. It is also submitted that on the basis of the directions of the State Government, the allotment of the site was cancelled. The petitioner was not issued with any show cause notice nor was 4 she heard in the matter. It is not in dispute that the petitioner has put up a small house in the site and has been residing in the said house. I am of the view that the 4th respondent has to reconsider the matter.

4. The order at Annexure-`D' dated 2.6.2010 is hereby quashed. The 4th respondent is directed to issue show cause notice to the petitioner and pass appropriate orders thereon in accordance with law. Writ Petition is disposed of accordingly. No costs.

Sd/-

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