Disposed

Sadiqali S/O Budansab Negalur v. the Deputy Commissioner

Karnataka HC16 Feb 2023WP/100306/2023

Case brief

AI extract

What is this about?

A writ petition seeking a direction to respondents to consider representations regarding compensation for non-delivery of an allotted CMC stall. The High Court directed the respondents to address grievances and pass an appropriate order.

What did the court decide?

The respondents were directed to address the petitioner's grievances regarding the representations dated 26/12/2022 and consider them and pass an appropriate order as expeditiously as possible.

Sadiqali S/O Budansab Negalur Vs the Deputy Commissioner — Consumer Protection | Karnataka HC (2023)

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WP No. 100306 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 16^TH DAY OF FEBRUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR WRIT PETITION NO. 100306 OF 2023 (LB-RES)

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BETWEEN:

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SADIQALI S/O BUDANSAB NEGALUR, AGE 26 YEARS, OCC. STREET VENDOR, R/O HUMANABAD ONI, DIST. HAVER 581110.

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…PETITIONER

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(BY SRI. V.P.VADAVI & SRI. SADANAND M.K., ADVOCATES)

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AND:

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THE DEPUTY COMMISSIONER DIST HAVER 581110.

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THE CHAIRMAN

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CITY MUNCIPAL CORPORATION DIST. HAVERI 581110

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Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad

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…RESPONDENTS

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(BY SRI. PRASHANT V.MOGALI, HCGP FOR R1; SRI. VIJAYENDRA BHIMAKKANAVAR, ADVOCATE FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER REPRESENTATION VIDE ANNEXURE-H AND H1 DATED 26/12/2022 AND TO PAY THE COMPENSATION FOR LOSS INCURRED BY THE PETITIONER BY NOT DELIVERING THE POSSESSION OF THE ALLOTTED CMC STALL NO.4 SITUATED AT THE LALBAHADUR SHASTRI MARKET (OPPOSITE FARMERS MARKET), HAVERI TQ AND DIST HAVERI.

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

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WP No. 100306 of 2023

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ORDER

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

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“Issue a writ of mandamus directing the respondents to consider representation vide Annexure-H and H1 dated 26/12/2022 and to pay the compensation for loss incurred by the petitioner by not delivering the possession of the allotted CMC stall No.4 situated at the Lalbahadur Shastri Market (opposite farmers market), Haveri tq and dist Haveri.

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Any other and further relief as this Hon’ble Court deems fit and just in the ends of justice.”

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Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and learned counsel for respondent No.2. Perused the material on record.

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It is the grievance of the petitioner that his representations dated 26.12.2022 at Annexure-H and H1 respectively, submitted to the respondents have not been considered so far by them nor any order has been passed on the same. Under these circumstances,

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WP No. 100306 of 2023

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the petitioner is before this Court by way of the present petition.

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Per contra , learned counsel for the

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respondents submits that if reasonable time is given, they would consider and pass necessary order on the said representations.

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In view of the aforesaid facts and circumstances and rival submissions, the respondents are hereby directed to address the grievances of the petitioner and consider his representations dated 26.12.2022 at Annexure-H and H1 respectively and pass appropriate order in accordance with law, as expeditiously as possible.

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With the aforesaid directions, the petition stands disposed off.

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List No.: 1 Sl No.: 23

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SD JUDGE

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CLK

Sadiqali S/O Budansab Negalur v. the Deputy Commissioner

Case brief

What is this about?

What did the court decide?

Sadiqali S/O Budansab Negalur v. the Deputy Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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