Karnataka High Court
M/S Shambhavi Agency vs State Of Karnataka on 23 November, 2022
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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WP No. 15013 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 15013 OF 2021 (GM-RES)
BETWEEN:
1. M/S SHAMBHAVI AGENCY
A REGISTERED PARTNERSHIP FIRM
SITUATED AT KANAKAPURA ROAD
MANDYA DISTRICT - 571 430.
REPRESENTED BY ITS PARTNER
SMT. AAKANKSHA GURUSIDDAPPA
AGED ABOUT 26 YEARS
D/O L. GURUSIDAPPA
...PETITIONER
(BY SRI. SIDDHARTH SUMAN, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY THE PRINCIPAL SECRETARY
Digitally signed by
PADMAVATHI B K REVENUE DEPARTMENT
Location: HIGH VIDHANA SOUDHA
COURT OF
KARNATAKA BENGALURU - 560 001.
2. THE DEPUTY COMMISSIONER
MANDYA DISTRICT
MANDYA - 571 430.
3. THE TAHSILDAR
MALAVALLI TALUK
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WP No. 15013 of 2021
MANDYA DISTRICT
MANDYA - 571 430.
...RESPONDENTS
(BY SRI N KUMAR, AGA)
THIS W.P IS FILED UNDER ARTICLE 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS TO ALLOT THE GOVERNMENT LANDS IN
SY.NO.206, MAREHALLI VILLAGE, MALAVALLI TALUK
MEASURING 1 ACRE 20 GUNTAS OR LANDS IN SY.594,
MAREHALLI VILLAGE, MALAVALLI TALUK TO THE
PETITIONER TO ESTABLISH AN LPG GODOWN THEREIN.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
1. Heard Sri. Siddarth Suman, learned counsel for the petitioner.
2. The petitioner is before this Court seeking the following prayers:
(i) Issue a writ of mandamus or such other appropriate writ or orders or directions, directing the respondents to allot the Government lands in Sy. No.206, Marehalli Village, Malavalli Taluk -3- WP No. 15013 of 2021 measuring 1 acre 20 guntas or lands in Sy. 594, Marehalli Village, Malavalli Taluk to the petitioner to establish an LPG godown therein.
(ii) to award costs and grant such other relief(s) as this Court deems fit and expedient in the circumstances of the case."
3. The petitioner is a distributor of LPG cylinders, having it been allotted to him by the competent authority. In furtherance of the said allotment, the petitioner makes an application before the Deputy Commissioner, Mandya District for allotment of certain land, on certain terms and conditions. An application for such allotment was made on 10.06.2019 and since then, there is no progress qua consideration of the application or otherwise. This leads the petitioner to approach this Court seeking a direction for issuance of a writ in the nature of mandamus to consider his application to allot 1 acre 20 guntas of land in the location that the petitioner has sought for.
4. Learned AGA on instructions and perusal of records would submit that on 20.10.2022, the jurisdictional Tahsildar has -4- WP No. 15013 of 2021 recommended to the Deputy Commissioner, Mandya District with regard to grant of 1 acre of land to the petitioner, in terms of his application. The said submission is placed on record.
5. In the light of the said recommendation, the competent authority i.e. Deputy Commissioner, Mandya District shall pass appropriate orders in accordance with law considering the application of the petitioner, for grant of 1 acre of land in Sy. No.232 in terms of the recommendation, to the petitioner.
6. Appropriate orders to that effect shall be passed by the second respondent Deputy Commissioner, Mandya District within four weeks from the date of receipt of a copy of this order, if not earlier.
Writ Petition stands disposed of accordingly.
Sd/-
JUDGE sac List No.: 1 Sl No.: 39