Partly allowed

Mr Madhukar H Achari S/O Harishchandra Achari v. Karnataka Housing Board

Karnataka HC1 Oct 2021WP/102857/2015

Case brief

AI extract

What is this about?

Petitioner filed a writ petition seeking allotment of a house under an LIG scheme based on a representation submitted in 2014. The court applied a previous decision and directed the respondent to consider the representation within three months.

What did the court decide?

Direction to the respondent to consider the representation dated 30.05.2014 and pass appropriate orders within three months.

Mr Madhukar H Achari S/O Harishchandra… — Pension and Retirement Benefits | Karnataka HC (2021)

¶1

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 1^ST DAY OF OCTOBER, 2021

¶2

BEFORE

¶3

THE HON’BLE MR.JUSTICE S.R. KRISHNA KUMAR

¶4

WRIT PETITION NO.102857/2015 (GM-RES)

¶5

BETWEEN

¶6

MR. MADHUKAR H. ACHARI, AGED ABOUT 60 YEARS, S/O. MR. HARISHCHANDRA ACHARI, LIG #28, KHB COLONY, HABBUWADA, KARWAR, DIST: UTTAR KANNADA.

¶7

...PETITIONER

¶8

(BY SRI P.V.GUNJAL, ADVOCATE)

¶9

AND

¶10

KARNATAKA HOUSING BOARD, 7^TH FLOOR, CAUVERY BHAVAN, MYSORE BANK CIRLCE, BENGALURU – 560 009. BY ITS COMMISSIONER.

¶11

... RESPONDENT

¶12

(BY SRI. BHUSHAN B. KULKARNI, ADVOCATE)

¶13

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CONSIDER THE REPRESENTATION DATED 30^TH MAY 2014, AT ANNEXURE – C GIVEN BY THE PETITIONER TO THE RESPONDENT TO ALLOT HOUSE BEARING #LIG 28 LOCATED IN KHB COLONY, HABBUWADA KARWAR, TO THE PETITIONER.

¶14

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT, MADE THE FOLLOWING:

¶15

¶16

ORDER

¶17

In this writ petition, the petitioner has sought for the following reliefs:

¶18

i. Issue a writ of mandamus directing the respondent to consider the representation dated 30^th May 2014, at Annexure – C given by the petitioner to the respondent to allot house bearing #LIG 28 located in KHB Colony, Habbuwada, Karwar, to the petitioner.

¶19

ii. Issue such other writ or pass such other order or give such other directions, as this Hon’ble Court deems proper in the facts and circumstances of the case.

¶20

Heard learned counsel for the petitioner

¶21

and learned counsel for the respondent. Perused the material on record.

¶22

In addition to reiterating the various contentions put forth in the memorandum of writ petition and referring to the documents produced by the petitioner, learned counsel for petitioner submits that under identical circumstances, this Court in the

¶23

¶24

case of Mr.Shashidhar and others V/s Karnataka Housing Board and another, W.P.Nos.111568584/2019 has quashed the endorsement issued therein and directed the concerned respondents to consider and pass appropriate orders on the representation submitted by the petitioners. It is therefore submitted that the similar directions are to be issued to the concerned respondents in the present petition also.

¶25

Per contra, learned counsel for respondents

¶26

submits that there is no merit in the petition and that the same is liable to be dismissed.

¶27

As rightly contended by the learned counsel for the petitioner, the decision of this Court in Mr.Shashidhar’s case supra is applicable to the facts and circumstances obtaining in the instant case also. Under these circumstances, I deem it just and appropriate to dispose of this petition directing the concerned respondents to consider and pass

¶28

¶29

appropriate orders on the petitioner’s representation at Annexure-C dated 30.05.2014 in accordance with law and bearing in mind the aforesaid decision of this Court in Mr.Shashidhar’s case supra within a period of three months from the date of receipt of a copy of this order.

¶30

Sd/JUDGE

¶31

Mr Madhukar H Achari S/O Harishchandra Achari v. Karnataka Housing Board

Case brief

What is this about?

What did the court decide?

Mr Madhukar H Achari S/O Harishchandra Achari v. Karnataka Housing Board

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Shivanna Vs Town Municipal Council

Ningappa Mavanoori S/O. Balappa Vs the State of Karnataka

Smt. Sajeda Gandapuri W/O.Mubarak Gandapuri Vs Farood Ahamed Bijapuri S/O. Mohammed Goussse

Smt. Ningawwa W/O Jangaleppa Sunkad Vs the State of Karnataka

Smt. Shakuntala Alias Lakkawwa Vs the Karnataka Power Corporation

Sri Ramesh Vs the Belgaum Urban Development Authority