Petitioner sought free house site allotment under an earlier judgment. Respondents produced a letter of allotment dated 28.02.2018. Court held petition infructuous and disposed it reserving liberty.
Petition declared infructuous and disposed of; liberty given to approach on new cause of action.
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1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF NOVEMBER, 2021
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.32676 OF 2017 (GM-RES)
BETWEEN:
BHEEMA NAIKA, S/O BALYA NAIKA (LATE) AGED ABOUT 60 YEARS, R/O AGGUNDA BANJARA THANDYA, KASABA HOBLI, ARASIKERE TALUK.
…PETITIONER
(BY SRI. PRAKASHA H.C., ADVOCATE)
AND:
…RESPONDENTS
2
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO ALLOT FREE HOUSE SITE TO PETITIONER, IN HIS HOME DISTRICT/ DISTRICT OF HIS CHOICE AS ALLOTTED TO SIMILARLY SITUATED STF PERSONNEL IN TERMS OF THE ORDER DTD.19.11.2010, OF THIS HON'BLE COURT IN W.P.NO.18063-18072 OF 2010 OF THIS HON'BLE COURT IN WP 18063-18072/2010 (GM-RES) AND CONNECTED MATTERS VIDE ANNEXURE-B AND DIRECT THE R-1 TO 3 TO ALLOT FREE HOUSE SITE TO PETITIONER BY CONSIDERING THEIR REPRESENTATIONS DTD.29.5.2017 & 30.5.2017 VIDE ANNEXURE-D1, ANNEXURE-D2.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The short prayer of the petitioner is for a direction for
the allotment of the site. Learned HCGP appearing for respondent Nos.1 to 3 places on record a copy of the letter of allotment dated 28.02.2018 and he contends that the purpose of filing of the writ petition is accomplished, by the said letter.
In view of the above, writ petition has become infrutuous and accordingly is disposed off reserving liberty to the petitioner to work out his grievance if any on a new cause of action, and in accordance with law.
Costs made easy.
Sd/JUDGE
DS/JS
2 issues framed by the court
Whether the writ petition for allotment of a free house site to a ST Force personnel has become infructuous after allotment was made.
How to dispose of a writ petition when the impugned order has become satisfied and grievance remains.
1 provisions across 1 enactments
Bheema Naika
The State of Karnataka
The Department of Urban Development
Director General & Inspector General of Police
Commissioner, Urban Development Authority, Hassan
Krishna S. Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
