T Kondappa vs Directorate Of Municipal ...
2022 Latest Caselaw 4717 Kant

                           1

 IN THE HIGH COURT OF KARNATAKA, BENGALURU

   DATED THIS THE 14TH DAY OF MARCH, 2022

                      BEFORE

   THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

  WRIT PETITION NO.40466 OF 2011(LB-RES)
                   C/W
  WRIT PETITION NO.13068 OF 2011 (LB-RES),
  WRIT PETITION NO.13069 OF 2011(LB-RES),
  WRIT PETITION NO.15221 OF 2011(LB-RES),
  WRIT PETITTION NO.18557 OF 2011(LB-RES),
  WRIT PETITION NO.19233 OF 2011(LB-RES)

IN W.P.NO.40466/2011:
BETWEEN:

1. P S KRISHNA MURTHY,
   S/O SRINIVASA MURTHY,
   AGED ABOUT 36 YEARS,
   KHARKHANPET,
   CHICKBALLAPUR.

2. A N SINDHUR TEJ,
   S/O NATARAJ,
   AGED ABOUT 29 YEARS,
   CHAMARJPET, CHICKBALLPUR.

3. A N BHARGHAV TEJ,
   S/O NATARAJ,
   AGED ABOUT 33 YEARS,
   PRASHANTHNAGAR, CHICKBALLPUR.

4. D K MANJUNATH,
   S/O KRISHNAPPA,
   AGED ABOUT 39 YEARS,
   BHAGATHSINGH NAGAR,
   CHICKBALLPURA.

5. SYED SUHAIL,
   S/O SYED AZGAR,
   AGED ABOUT 29 YEARS,
   KHARKHANPET,
   CHICKBALLAPUR.
                          2

                                       ...PETITIONERS
(BY SRI. P KARUNAKAR, ADVOCATE)

AND:

1. DIRECTORATE OF MUNICIPAL ADMINISTRATION
   BY ITS COMMISSIONER,
   VISHWESHWARAIAH TOWERS,
   AMBEDKAR VEEDHI, BANGALORE - 560 001.

2. DEPUTY COMMISSIONER AND CHAIRMAN,
   IDSMT COMMITTEE,
   CHICKBALLAPUR DISTRICT,
   CHICKBALLAPUR - 562 101.

3. COMMISSIONER,
   CITY MUNCIPAL COUNCIL AND
   MEMBER SECRETARY, IDSMT,
   CHICKBALLAPUR - 562 101.
                                       ... RESPONDENTS

(BY SRI. K R NITHYANANDA, AGA FOR R1 & R2;

SRI. VIJAYA KRISHNA BHAT, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 21.03.2011, ISSUED BY COMMISSIONER-CUM-MEMBER SECRETARY DISTRICT IDSMT COMMITTEE, CHICKABALLAPUR, FILED AS ANNEXURE D1 TO D6 AND ISSUE A WRIT OF MANDAMUS, DIRECTING RESPONDENTS 2 AND 3 TO STRICTLY OBEY THE DIRECTIONS IN REGARD TO DISPOSAL OF SITES COVERED BY IDSMT SCHEME AS SET OUT IN THE ORDER DATED 15.10.2010 PASSED IN W.P NO. 29737-776 OF 2010 NS 34500-501 OF 2010 IN ANNEXURE A, ON THE FILE OF THIS HON'BLE COURT AND FURTHER BE PLEASED TO ISSUE WRIT OR DIRECTION TO RESPONDENTS 2 AND 3 TO ALLOT SITES FOR WHICH THEY HAVE MADE THE APPLICATION PURSUANT TO THE REVISED NOTIFICATION DATED 8.8.2007 VIDE ANNEXURE E.

IN W.P.NO.13068/2011:

BETWEEN:

1. T KONDAPPA S/O THIMMAIAH B.H., AGED 49 YEARS, CHAMRAJPET,CHICKBALLAPUR, CHIKKABALLAPUR TALUK & DISTRICT.

2. FARZANA BEGUM, W/O MUSTAQ PASHA, AGED 32 YEARS, T.G. TANK ROAD,CHICKBALLAPUR, CHIKKABALLAPUR TALUK & DISTRICT.

3. RAHAMATHULLA, S/O RASUL KHAN, AGED 45 YEARS, T.G. TANK,CHICKBALLAPUR, CHIKKABALLAPUR TALUK & DISTRICT.

4. MUHEEB, S/O SYED HAROON, AGED 35 YEARS, JAMIA MASJID ROAD,CHICKBALLAPUR, CHIKKABALLAPUR TALUK & DISTRICT.

5. FARAHANA, D/O A. SYED USMAN, AGED 32 YEARS, VALASANNA STREET, CHICKBALLAPUR, CHIKKABALLAPUR TALUK & DISTRICT.

6. V. NARASIMHAMURTHY, S/O VENKATAAYAPPA, AGED 43 YEARS, R/AT M.G. ROAD, CHICKBALLAPUR, CHIKKABALLAPUR TALUK & DISTRICT.

7. MOHASIN TAJ, W/O ASLAM PASHA, AGED 40 YEARS, DEVITEPET, CHICKBALLAPUR, CHIKKABALLAPUR TALUK &DISTRICT.

8. ZAHARA BEGUM, W/O FAKRUDDIN SAB, AGED 32 YEARS, NAKKALAKUNTE, CHICKBALLAPUR, CHIKKABALLAPUR TALUK AND DISTRICT - 562 101.

9. ZAMRUDH PASHA, S/O DASTHAGIR SAB, AGED 43 YEARS, NEAR KSRTC BUS-DEPOT,

CHICKBALLAPUR, CHIKKABALLAPUR TALUK & DISTRICT- 562 101.

10. RUKSANA SULTHANA, W/O SADIQ, AGED 38 YEARS, BEHIND TB, CHICKBALLAPUR, CHIKKABALLAPURTALUK & DISTRICT-562 101.

11. TAHSEEN TAJ, D/O MOHAMMED GOUSE, AGED 40 YEARS, PRASHANTHNAGAR,CHICKBALLAPUR, CHIKKABALLAPUR TALUK & DISTRICT - 562 101.

12. SADIQ, S/O LATE MEHABOOB, AGED 48 YEARS, BEHIND TB, CHICKBALLAPUR, CHIKKABALLAPURTALUK & DISTRICT - 562 101.

13. ALI IMRAN, S/O ABDUL RAHIM KHAN, AGED 38 YEARS, VAPASANDRA, CHICKBALLAPUR, CHIKKABALLAPUR TALUK & DISTRICT - 562 101.

14. AZEEM, S/O SYED AMANULLA, AGED 30 YEARS, CHAMARAJPET, CHICKBALLAPUR, CHIKKABALLAPUR TALUK & DISTRICT - 562 101.

15. THANZIM, S/O SYED AMANULLA, AGED 28 YEARS, CHAMARAJPET, CHICKBALLAPUR, CHIKKABALLAPUR TALUK & DISTRICT -562 101.

16. ANWAR PASHA, S/O YOUSUF,AGED 35 YEARS, ARAB MOHALLA, CHICKBALLAPUR, CHIKKABALLPUR TALUK & DISTRICT - 562 101.

...PETITIONERS (BY SRI. B V KRISHNA, ADVOCATE)

AND:

1. DIRECTORATE OF MUNICIPAL ADMINISTRATION BY ITS COMMISSIONER, VISHWESHWARIAH TOWERS, AMBEDKAR VEEDHI, BANGALORE -560 001.

2. DEPUTY COMMISSIONER & CHARIMAN, IDSMT COMMITTEE, CHICKBALLAPUR DISTRICT, CHICKBALLAPUR - 562 101.

3. COMMISSIONER, CITY MUNICIPAL COUNCIL & MEMBER SECRETARY, IDSMT, CHICKBALLAPUR.

... RESPONDENTS (BY SRI. NITHYANANDA K R, AGA FOR R1 & R2;

SRI. VIJAYA KRISHNA BHAT, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ENDORSEMENT VIDE ANNEXURE-D1 TO D16 DATED 21.3.2011 ISSUED BY COMMISSIONER-CUM-MEMBER SECRETARY DISTRICT IDSMT COMMITTEE, CHICKABALLAPUR AND ISSUE A WRIT OF MANDAMUS, DIRECTING RESPODNENTS 2 AND 3 TO STRICTLY OBEY THE DIRECTIONS IN REGARD TO DISPOSAL OF SITES COVERED BY IDSMT SCHEME AS SET OUT IN THE ORDER DATED 15.10.2010 PASSED IN W.P.29737-776 OF 2010, NS 34500-501 OF 2010 IN ANNEXURE-A, ON THE FILE OF THIS HON'BLE COURT AND FURTHER BE PLEASED TO ISSUE WRIT OR DIRECTION TO RESPONDENTS 2 AND 3 TO ALLOT SITES FOR WHICH THEY HAVE MADE THE APPLICATION PURSUANT TO THE REVISED NOTIFICATION DATED 8.8.2007 VIDE ANNEXURE-E.

IN W.P.NO.13069/2011:

BETWEEN:

1. SYED RASHEED S/O LATE SS SYED SAHEB, AGED 40 YEARS, RESIDING BEHIND IDGA MOHALLA, CHIKKABALLAPUR, CHIKKABALLAPUR TALUK AND DISTRICT -562 101.

2. S T GOVINDRARAJU S/O THIRUMALESHWARA, AGED 40 YEARS,

R/AT KOLACHE PRADESHA, OPP: MUNICIPAL COLLEGE, CHIKKABALLAPUR, CHIKKABALLAPUR TALUK AND DISTRICT -562 101.

3. RATHNAMMA, W/O VENKATESHAPPA, AGED 55 YEARS, RESIDING OPPOSITE MUNICIPAL COLLEGE, CHIKKABALLAPUR, CHIKKABALLAPUR TALUK AND DISTRICT-562 101.

4. D N HARISH S/O D R NARASIMHAMURTHY, AGED 28 YEARS, R/AT WARD NO. 18, DEVARAYANA ROAD, KANDAVARAPET, CHIKKABALLAPUR, CHIKKABALLAPUR TALUK AND DISTRICT-562 101.

5. KOMALA D/O ASHWATHANARANAYA, AGED 23 YEARS, R/AT DINNEHOSAHALLI ROAD, PRASHANTHANAGAR, CHIKKABALLAPUR, CHIKKABALLAPUR TALUK AND DISTRICT-562 101.

6. N SANTHOSH KUMAR S/O LATE NARAYANACHARI, AGED 30 YEARS, R/AT SAMBHVI ROAD, CHIKKABALLAPUR, CHIKKABALLAPUR TALUK AND DISTRICT-562 101.

7. RATHNAMA W/O S T GOVINDARAJU, AGED 35 YEARS, R/AT KOLACHE PRADESHA, OPP: MUNICIPAL COLLEGE CHIKKABALLAPUR, CHIKKABALLAPUR TALUK AND DISTRICT-562 101.

8. SMT. PARVEEN TAJ W/O SYED AFSAR, AGED 38 YEARS, R/AT CHAMRAJPET, CHIKKABALLAPUR, CHIKKABALLAPUR TALUK AND DISTRICT-562 101.

9. K SUBAN SAHEB S/O LATE S MOHAMMED KHASIM SAHEB, AGED 38 YEARS, R/AT PRASHANTHNAGAR, CHIKKABALLAPUR, CHIKKABALLAPUR TALUK AND DISTRICT-562 101.

10. A SYED INAYUTHULLA S/O SYED AMANULLA, AGED 35 YEARS, R/AT VALASANNABEEDI, CHIKKABALLAPUR, CHIKKABALLAPUR TALUK AND DISTRICT-562 101.

11. SYED ASSADULLA S/O SYED AMANULLA, AGED 40 YEARS, R/AT VALASANNABEEDI, CHIKKABALLAPUR, CHIKKABALLAPUR TALUK AND DISTRICT-562 101.

12. SHABEENA W/O MEHABOOB KHAN, AGED 40 YEARS, R/AT 2ND CROSS, MUNICIPAL LAYOUT, M G ROAD, CHIKKABALLAPUR, CHIKKABALLAPUR TALUK AND DISTRICT-562 101.

13. JAHIR S/O LATE ABDULL GHAFFAR, AGED 60 YEARS, R/AT H S GARDEN, CHIKKABALLAPUR, CHIKKABALLAPUR TALUK AND DISTRICT-562 101.

14. SYED JAHANGIR SAHEB S/O SYED HUSSAIN, AGED 59 YEARS, R/AT NEAR KOTE, CHIKKABALLAPUR, CHIKKABALLAPUR TALUK AND DISTRICT-562 101.

15. IRFAN KHAN S/O KOTE SARDHAR KHAN, AGED 35 YEARS R/AT KOTE, CHIKKABALLAPUR, CHIKKABALLAPUR TALUK AND DISTRICT-562 101.

16. MOHAMMAD SHAHID S/O IMTHIYAZ AHAMMED,

AGED 28 YEARS, R/AT WARD 28, CHAMRAJPET, CHIKKABALLAPUR, CHIKKABALLAPUR TALUK AND DISTRICT-562 101.

17. S VARALAKSHMAMMA W/O SIDDABASAVACHAR, AGED 35 YEARS, R/AT KOLAHATLU BEEDHI, WARD NO.11, HOUSE NO. 18, CHIKKABALLAPUR, CHIKKABALLAPUR TALUK AND DISTRICT-562 101.

18. SAJIDA BEGUM W/O SAIYED MAHAMMAD, AGED 35 YEARS, R/AT NO.123, ANJUMAN ROAD, KOTE, CHIKKABALLAPUR, CHIKKABALLAPUR TALUK AND DISTRICT-562 101.

19. NARASAMMA W/O SRINIVAS, AGED 48 YEARS, RESIDING OPP: MUNICIPAL COLLEGE, CHIKKABALLAPUR, CHIKKABALLAPUR TALUK AND DISTRICT-562 101.

20. D N MOHAN S/O NARASIMHAMURTH, AGED 25 YEARS, R/AT WARD 18, DEVANARAYANA ROAD, SUNDAVARAPET, CHIKKABALLAPUR, CHIKKABALLAPUR TALUK AND DISTRICT-562 101.

21. M D ZAKEER S/O M D JAHIR, AGED 42 YEARS, R/AT H S GARDEN, CHIKKABALLAPUR, CHIKKABALLAPUR TALUK AND DISTRICT-562 101.

22. NISSAR AHHEND S/O C K MOHAMMAD MEHAMOOD, AGED 55 YEARS R/AT NO. 308, MAZJID ROAD, CHIKKABALLAPUR, CHIKKABALLAPUR TALUK AND DISTRICT-562 101.

23. J V SRINIVASA S/O LATE VENKATACHALAPATHY,

AGED 38 YEARS, R/AT KOTE, JATTIBEEDI, CHIKKABALLAPUR, CHIKKABALLAPUR TALUK AND DISTRICT-562 101.

24. H V NAGABHUSHANACHAR S/O H M VEERACHAR, AGED 45 YEARS, R/AT NO.18, OPO ROAD CROSS, WARD NO.11, CHIKKABALLAPUR, CHIKKABALLAPUR TALUK AND DISTRICT-562 101.

...PETITIONERS (BY SRI. B V KRISHNA, ADVOCATE)

AND:

1. DIRECTORATE OF MUNICIPAL ADMINISTRATION BY ITS COMMISSIONER, VISHWESHWARAIAH TOWERS, AMBEDKAR VEEDHI, BANGALORE-560 001.

2. DEPUTY COMMISSIONERJ & CHAIRMAN IDSMT COMMITTEE, CHICKABALLAPUR DISTRICT, CHICKABALLAPUR-562 101.

3. COMMISSIONER CITY MUNICIPAL COUNCIL & MEMBER SECRETARY, IDSMT, CHICKABALLAPUR-562 101.

... RESPONDENTS (BY SRI. NITHYANANDA K R, AGA FOR R1 & R2;

SRI. VIJAYA KRISHNA BHAT, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ENDORSEMENT DATED 21.3.2011 VIDE ANNEXURE-C, ISSUED BY RESPONDENT NO.3 AND FURTHER PLEASED TO ISSUE WRIT OR DIRECTION TO RESPODNENTS 2 AND 3 TO ALLOT THE SITES FOR WHICH THEY HAVE MADE THE APPLICATION PURSUANT TO THE NOTIFICATION DATED 8.8.2007 AND STRICTLY IN ACCORDANCE WITH DIRECTIONS ISSUED BY THIS HON'BLE COURT DATED 28.10.2010 IN WRIT PETITION 21314-324 OF 2010, W.P.20969-21025 OF 2010 AND W.P.21716 OF 2010 IN ANNEXURE-A, AND TO ISSUED WRIT OF MANDAMUS TO STRICTLY COMPLY WITH DIRECTIONS IN LIKE TERMS AND GRANT SUCH OTHER RELIEF IN THE INTEREST OF JUSTICE.

IN W.P.NO.15221/2011:

BETWEEN:

1. RAVICHANDRA KUMAR, S/O A KRISHNAPPA AGED 36 YEARS, R/O SHIDDLAGATTA ROAD, CHAMARAJPET, CHIKKABALLAPUR, CHIKKABALLAPUR TALUK AND DISTRICT-562 101.

2. T SRINIVAS S/O THIMMAPPA , AGED 38 YEARS, R/AT VAPASANDRA, CHIKKABALLAPUR, CHIKKABALLAPUR TALUK AND DISTRICT-562 101.

3. T VIMALA W/O LATE SHANKAR, AGED 43 YEARS, R/AT VAPASANDRA, CHIKKABALLAPUR, CHIKKABALLAPUR TALUK AND DISTRICT-562 101.

4. CHANDRAKALA W/O G RKSIHNA AGED 34 YEARS, R/AT CHAMARAJPET, CHIKKABALLAPUR, CHIKKABALLAPUR TALUK AND DISTRICT-562 101.

5. SAGAI MARY W/O BHAKTHIRAJ AGED 34 YEARS R/AT T G TANK ROAD, CHIKKABALLAPUR, CHIKKABALLAPUR TALUK AND DISTRICT-562 101.

...PETITIONERS (BY SRI. B V KRISHNA, ADVOCATE)

AND:

1. DIRECTORATE OF MUNICIPAL ADMINISTRATION, BY ITS COMMISSIONER, VISHWESHWARAIAH TOWERS, AMBEDKAR VEEDHI, BANGALORE - 560 001.

2. DEPUTY COMMISSIONER AND CHAIRMAN IDSMT COMMITTEE, CHICKABALLAPUR DISTRICT, CHICKABALLAPUR 562 101.

3. COMMISSIONER, CITY MUNICIPAL COUNCIL AND

MEMBER SECRETARY, IDSMT, CHICKABALLAPUR 562 101 ... RESPONDENTS (BY SRI. K R NITHYANANDA, AGA FOR R1 AND R2;

SRI. VIJAYA KRISHNA BHAT, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 21.3.2011, VIDE ANNEXURE-C & C1 DATED 21.3.2011 ISSUED BY RESPONDENT NO.3 AND FURTHER PLEASED TO ISSUE WRIT OR DIRECTION TO RESPONDENTS 2 AND 3 TO ALLOT THE SITES FOR WHICH THEY HAVE MADE THE APPLICATION PURSUANT TO THE NOTIFICATION DATED 8.8.2007 VIDE ANNEXURE-E, AND STRICTLY IN ACCORDANCE WITH DIRECTIONS ISSUED BY THIS HON'BLE COURT DATED 28.10.2010 IN WRIT PETITION 21314-324 OF 2010, WP 20969-21025 OF 2010 AND WP 21716 OF 2010 IN ANNEXURE-A AND TO ISSUED WRIT OF MANDAMUS TO STRICTLY COMPLY WITH DIRECTIONS IN LIKE TERMS AND GRANT SUCH OTHER RELIEF.

IN W.P.NO.18557/2011:

BETWEEN:

1. B. VENKATESH, S/O.VENKATAPPA, AGED ABOUT 27 YEARS, R/AT.WARD NO.23, CHAMARAJAPET, CHIKKABALLAPURA.

2. LAKSHMINARASIMHA, S/O.GANGANAMIDDE, AGED ABOUT 39 YEARS, R/AT.WARD NO.7,CHIKKABALLAPURA.

...PETITIONERS (BY SRI. NAVEED AHMED, ADVOCATE)

AND:

1. DIRECTORATE OF MUNICIPAL ADMINISTRATION, BY ITS COMMISSIONER, VISHWESHWARAIAH TOWERS, AMBEDKAR VEEDHI, BANGALORE - 560 001.

2. DEPUTY COMMISSIONER AND CHAIRMAN IDSMT COMMITTEE,

CHICKABALLAPUR DISTRICT, CHICKABALLAPUR 562 101.

3. COMMISSIONER, CITY MUNICIPAL COUNCIL AND MEMBER SECRETARY, IDSMT, CHICKABALLAPUR 562 101 ... RESPONDENTS (BY SRI. NITHYANANDA K R, AGA FOR R1;

R2 SERVED AND UNREPRESENTED;

SRI. VIJAYA KRISHNA BHAT, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DTD 21.3.11 ISSUED BY THE R3 AT ANEX-G1, G2 AND DIRECT THE R2 AND 3 O STRICTLY OBEY THE DIRECTIONS IN THIS REGARD TO DISPOSAL OF SITES COVERED BY IDSMT SCHEME AS SET OUT IN THE ORDER DTD 15.11.10 PASSED THIS HON'BLE COURT IN W.P.NO.29737-776/10 AT ANNEX-B AND FURTHER BE PLEASED TO ISSUE A WRIT OR DIRCTION TO THE R2 AND 3 TO ALLOT SITES FOR WHICH THE PETITIONERS HAVE MADE AN APPLICATION PRUSUANT TO THE REVISED NOTIFIICATION DTD 8.8.07 VIDE ANNEX-B.

IN W.P.NO.19233/2011:

BETWEEN:

1. M MUNIRATHNAMMA, W/O M MUNISWAMY, AGED ABOUT 35 YEARS, JAIBHEEM NAGAR, CHICKBALLAPUR - 562 101.

2. A VENKATARAM S/O LATE ANJINAPPA, AGED ABOUT 32 YEARS, KOTE, CHICKBALLAPURA-562 101.

3. MANJUNATHA B S/O BALA REDDY, AGED ABOUT 28 YEARS, GANGANAMIDDE,CHICKBALLAPUR-562 101.

4. LAKSHMAMMA W/O LATE B ANJINAPPA MOTHER OF A LOKESHBABU (ORIGINAL APPLICANT DIED AS BACHELOR)

AGED ABOUT 65 YEARS, JAIBHIM NAGAR, CHICKBALLAPUR-562 101.

5. M ANJINAMMA , W/O K GOPAL, AGED ABOUT 42 YEARS, A.D.COLONY,CHICKBALLAPUR-562 101.

6. S AMANULLA S/O SALAR KHYAN AGED ABOUT 45 YEARS, CHAMARAJPET,CHICKBALAPUR-562 101.

7. NOOR JAAN W/O SYED DASTHGIR SAB, AGED ABOUT 43 YEARS, ISLAMPUR, CHICKBALLAPUR-562 101.

8. KAMALAMMA W/O RAJANNA AGED ABOUT 38 YEARS, GARAKARALLU STREET, WARD NO.27, CHICKBALLAPUR-562 101.

9. MUNILAKSHMAMMA W/O RAJANNA AGED ABOUT 43 YEARS, CHIKCBALLAPUR-562 101

10. SOMASHEKAR S/O D N NARASIMHAIAH, AGED ABOUT 33 YEARS, T.G TANK ROAD,CHICKBALLAPUR-562 101.

11. N SRINIVASA MURTHY S/O NARASIMHA, AGED ABOUT 40 YEARS, NO.283, 5TH WARD, PRASHANTH NAGAR, CHICKBALLAPUR-562 101.

12. PRAMEELA JYOTHI G S W/O SRINIVASMURTHY, AGED ABOUT 32 YEARS, PRASHANTH NAGAR, CHICKBALLAPUR-562 101.

13. LAKSHMAN S/O NARASIMHAIAH, AGED ABOUT 40 YEARS, GANGANAMIDDE, CHICKBALLAPUR-562 101.

...PETITIONERS (BY SRI. P KARUNAKAR, ADVOCATE)

AND:

1. DIRECTORATE OF MUNCIPAL ADMINISTRATION BY ITS COMMISSIONER, VISHWESHWARAIAH TOWERS, AMBEDKAR VEEDHI, BANGALORE-560 001.

2. DEPUTY COMMISSIONER & CHAIRMAN IDSMT COMMITTEE, CHICKBALLAPUR DISTRICT, CHICKBALLAPUR-562 101.

3. COMMISSIONER CITY MUNICIPAL COUNCIL &MEMBER SECRETARY, IDSMT,CHICKBALLAPUR-562 101.

... RESPONDENTS (BY SRI. NITHYANANDA K R, AGA FOR R1 & R2;

SRI. VIJAYA KRISHNA BHAT, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DTD 21.3.11, ISSUED BY COMMISSIONER CUM MEMBER SECRETARY DISTRICT IDSMT COMMITTEE, CHICKABALLAPUR, FILED AS ANNEX-D1 TO D13 AND ISSUE A WRIT OF MANDAMUS, DIRECTING R2 AND 3 TO STRICTLY OBEY THE DIRECTIONS IN REGARD TO DISPOSAL OF SITES COVERED BY IDSMT SCHEME AS SET OUT IN THE ORDER DTD 15.10.10 PASSED IN W.P.NO.29737-776 OF 2010 NS 34500-501 OF 2010 IN ANNEX-A ON THE FILE OF THIS HON'BLE COURT AND FURTHER BE PLEASED TO ISSUE WRIT OR DIRECTION TO R2 AND 3 TO ALLOT SITES FOR WHICH THEY HAVE MADE THE APPLICATION PURSUANT TO THE REVISED NOTIFICATION DTD 8.8.07 VIDE ANNEX-E.

THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY THROUGH VIDEO CONFERENCE, THE COURT MADE THE FOLLOWING:-

ORDER

The short grievance of the petitioners is against

non-consideration of their claim for allotment of subject

sites in terms of the judgment of a Coordinate Bench in

W.P.Nos.29737-776/2011 & W.P.Nos. 34500-501/2010

(LB-RES), disposed off on 15.11.2010 a copy whereof is

at Annexure-A. All these matters involving common

questions of law and facts, are taken up together for

final disposal with the concurrence of the Bar.

2. After service of notice, the respondent nos. 1

& 2 are represented by learned AGA, and the third

respondent - City Municipal Council is represented by its

Sr. Panel Counsel who has filed Statement of Objections

resisting the writ petitions. Both of them make

submission in justification of the impugned action.

3. Having heard the learned counsel for the

parties and having perused the petition papers, this

Court declines to grant indulgence in these matters for

the following reasons:

a) The allotment scheme as reflected in the

Government Circular dated 06.11.1989 a copy whereof

avails at Annexure -R1 to Statement of Objection

specifically states "Sites of dimension upto 9 x 12m and

above are to be auctioned."; apparently the claim for

allotment made in these writ petitions is in respect of

such sites and therefore, the same cannot be disposed

off except in a mode prescribed by law, i.e., by public

auction; the prescription of this mode is consistent with

the Apex Court decision in R.D.SHETTY Vs. THE

INTERNATIONAL AIRPORT AUTHORITY OF INDIA &

ORS. 1979 (3) SCC 489.

b) The reliance of the petitioners on a Co-ordinate

Bench decision does not come to their aid since the said

judgment in W.P.Nos.29737-776/2011 & W.P.Nos.

34500-501/2010 (LB-RES) between JEELANI VS.

DIRECTORATE OF MUNICIPAL ADMINISTRATION,

disposed off on 15.11.2010. Is as bald as can be, with

due respect to the learned judge who made that; it does

not refer to the Scheme or to any provision of law; it

only contains a general direction to consider all the

representations for the allotment of sites.

In view of the above, these writ petitions being

thoroughly devoid of merits are liable to be dismissed

and accordingly they are, costs having been made easy.

Sd/-

JUDGE

Bsv