Karnataka High Court
Koppal District Drivers vs The State Of Karnataka on 11 January, 2022
Bench: B.M.Shyam Prasad
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 11TH DAY OF JANUARY 2022
BEFORE
THE HON'BLE MR. JUSTICE B.M. SHYAM PRASAD
Writ Petition No.80890/2013 (GM-RES)
BETWEEN
KOPPAL DISTRICT DRIVERS
CLEANERS AND WORKSHOP WORKERS
UNION, KOPPAL,
DIST: KOPPAL-583231,
REGISTERED UNDER TRADE UNION ACT, 1926,
REPRESENTED BY ITS PRESIDENT
SHRI BABA HUSAIN KAMPLI
...PETITIONER
(BY SRI. D.L. LADKHAN, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
R/BY ITS SECRETARY
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
M.S. BUILDING,
AMBEDKAR VEEDI,
BANGALORE
2. THE DEPUTY COMMISSIONER
MINI VIDHANA SOUDHA,
HOSPET ROAD, KOPPAL,
DIST: KOPPAL
2
3. THE RAJIV GANDHI RURAL HOUSING
CORPORATION LIMITED
REPRESENTED BY ITS GENERAL MANAGER
PLOT NO. 4 RAJAJI NAGAR,
I.T. PARK, 1ST FLOOR, NORTH BLOCK,
RAJAJINAGAR INDUSTRIAL AREA,
BANGALORE
4. THE KOPPAL DISTRICT NIRMITHI
KEDNRA, KOPPAL,
REPRESENTED BY ITS CHAIRMAN
THE DEPUTY COMMISIONER,
KOPPAL, BAHADDUR BANDI ROAD,
SHRISHAIL NAGAR,
KOPPAL-583321. ...RESPONDENTS
(BY SRI. V.S.KALASURMATH, HCGP FOR R1, R2 & R4)
(NOTICE TO R3 - SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE ANY
WRIT OR ANY ORDER OR ANY DIRECTION IN THE NATURE OF
MANDAMUS TO RESPONDENT NO.2 TO CONSIDER THE
RERPESENTATION OF PETITIONER AS PER ANNEXURE-Q
DATED 27/06/2013, WITHIN TIME FRAME; ISSUE ANY WRIT OR
ANY ORDER OR ANY DIRECTION IN THE NATURE OF
MANDAMUS TO RESPONDENT NO.3 TO COMPLETE THE
PROJECT AS PER ORDER PASSED BY RESPONDENT NO.2 AT
ANNEXURE-O DATED:23/07/2012.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP , THIS DAY, THE COURT MADE THE
FOLLOWING:
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ORDER
The petitioner, a Registered Union of Drivers, Cleaners
and Workshop Workers, has filed this writ petition for a
direction to the Deputy Commissioner, Koppal District,
Koppal (the second respondent), to consider the petitioner's
representation dated 27.06.2013 within a time frame.
Sri.D.L.Ladkhan, the learned counsel for the petitioner
and Sri.V.S.Kalasurmath, the learned High Court
Government Pleader who appears for respondents-authorities,
submit that there is no dispute that the land measuring 6
acres 24 guntas (including kharab land of 22 guntas) in
Sy.No.67/1 of Chikkashindogi Village, Alawandi Hobli, Koppal
Taluk is purchased by the petitioner for the purposes of
formation of a residential layout for allotment of sites to its
members with the authorities taking necessary measures for
providing all the required amenities in the layout. The layout
plan is also prepared as per Annexure-D. However, no
further action is taken because a suit for partition in O.S.
No.154/2008 on the file of the Civil Judge & JMFC, Koppal is
filed by a claimant under the original owners of these lands.
The suit is decreed, and the appeal in R.A. No.34/2011 as
against this judgment and decree in O.S. No.154/2008, is
also dismissed. However, the second appeal as against these
judgments in the suit and the first appeal is pending in R.S.A.
No.5212/2013.
2. If the execution of the layout is stalled because of
a decree in the suit for partition, and in the event the second
appeal pending in R.S.A. No.5212/2013 is also dismissed, the
development of the layout and the allotment of plots would be
affected if 1/5th share [the claim in O.S. No.154/2008] is to
be handed over. Hence, the petitioner's cannot have any
grievance with the non-consideration of its representation.
However, if the petitioner can bring about quick settlement of
the civil claim either because of compounding or any other
settlement it must be at liberty to initiate necessary action for
expeditious commencement of the development work. The
petitioner therefore, stands disposed of with such liberty.
Sd/-
JUDGE
Kms
