Ashok Kumar Nagure S/O Baswaraj Nagure vs The Commissioner Ors on 11 July, 2012

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Karnataka High Court

Ashok Kumar Nagure S/O Baswaraj Nagure vs The Commissioner Ors on 11 July, 2012

Bench: A.N.Venugopala Gowda

                             1




        IN THE HIGH COURT OF KARNATAKA
           CIRCUIT BENCH AT GULBARGA

       DATED THIS THE 11TH DAY OF JULY 2012

                        BEFORE

THE HON'BLE MR.JUSTICE A.N.VENUGOPALA GOWDA

            W.P.No. 83466/2010 (LB-RES)

BETWEEN:

ASHOK KUMAR NAGURE SON OF
BASWARAJ NAGURE AGE ABOUT
40 YEARS, OCCUPATION MEDICAL
PRACTITIONER, RESIDENT OF HOUSE
NO. MIG 262 K.H.B. COLONY NAUBAD
BIDAR.
                                      .... PETITIONER

(BY SRI VEERESH .B. PATIL, ADVOCATE)


AND:

1. THE COMMISSIONER KARNATAKA
   HOUSING BOARD KAVERI BHAVAN
   BANGALORE.

2. THE EXECUTIVE ENGINEER
   KARNATAKA HOUSING BOARD,
   COORDINATING OFFICER,
   GULBARGA.

3. THE ASSISTANT EXECUTIVE
   ENGINEER DISTRICT PROJECT,
   OFFICE KARNATAKA HOUSING,
   BOARD BIDAR.                           ... RESPONDENTS

(BY SRI ASHOK .R. KALYANSHETTY R3.)
                                         2




       THIS WRIT PETITION FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT
OF    MANDAMUS,        DIRECTING            TO   THE     RESPONDENTS      TO
CONSIDE THE REQUEST OF THE PETITIONER IN VIEW OF
RECOMMENDATION MADE BY THE THIRD RESPONDENT VIDE
ANNEXURE-D IN FILE NO: KHB/DPO/AEE/BDR/362/2005-06
DATED 13-12-2005, IN THE INTEREST OF JUSTICE AND
EQUITY.


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

Petitioner is an allotee of site bearing MIG No.262 in Noubad area, Bidar. Towards southern side of the said site, there was a vacant piece of land. Petitioner submitted a representation to 3rd respondent on 28.11.2005, requesting allotment of said vacant piece of land, for the purpose of utilization of kitchen and garden. 3rd respondent sent a proposal dated 13.5.2005 vide Annexure D to 2nd respondent. This writ petition was filed on 6.9.2010, to direct the respondents to consider the request of petitioner for allotment of vacant piece of land situated towards southern side of his property, keeping in 3 view of proposal / recommendation made by 3rd respondent vide Annexure D.

2. Statement of objections was filed by the respondent Nos. 1 and 2, wherein it has stated that Assistant Executive Engineer, Sub-Division Office of HB at Bidar, who heads the office did not have a designated quarters and hence the Board passed a resolution dated 28.9.2010 as per subject No.24 reserving site No.MIG 262/1 for construction of designated quarters for the Assistant Executive Engineer, of KHB at Noubad, Bidar. It has been further stated that, after estimate for construction of quarters was prepared, tender was called and bid of M/s. Kiran Kumar Patil, Bidar was finalized, even much earlier to filing of this writ petition and the contractor has almost completed construction and it is in finishing stages-plastering and flooring work being in progress.

3. Petitioner has not filed any rejoinder statement, disputing the said factual assertion. Since, the vacant piece of land belonging to the respondent which the petitioner claimed as per his representation dated 28.11.2012 is not available and the respondents themselves have made use of said piece of vacant land for construction of quarters to the Assistant Executive Engineer, writ petition for issue of mandamus is not maintainable.

In the result, writ petition is dismissed with no order as to costs.

Sd/-

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