The High Court dismissed the writ petition filed by an ex-servicman seeking a direction against the Commissioner City Municipality and DC Gadag to consider a representation to sell an adjacent vacant property to him at market value.
Writ petition dismissed as petitioner has no right to demand sale of the property.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC-D:12595 WP No. 104030 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 26TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 104030 OF 2016 (LB-RES)
BETWEEN:
SRI. ARALAYYA S/O CHANNAYYA HADAGALI HIREMATH AGE:70 YEARS, OCC: EX-SERVICEMAN, R/O NEAR HEAD POST OFICE, K C RANI ROAD, GADAG TALUK:GADAG, DISTRICT:GADAG
…PETITIONER
(BY SRI. H M DHARIGOND, ADVOCATE)
AND:
RESPONDENTS
GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI
(BY SRI. ASHOK KATTIMANI, AGA FOR R1; R2 - SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED:17.03.2007 VIDE ANNEXURE-D TO GRANT/SELL THE OPEN PLACE CALLED AS BANGI ROAD, GADAG-BETAGERI, MEASURING 102 FEET EAST TO WEST AND 20 FEET NORTH TO SOUTH SITUATED AT NORTHERN SIDE OF THE PROPERTY BEARING CTS NO.6706/2B TO 2H+2A1 AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The case of the petitioner is that, he is in occupation of the property bearing CTS No.6706/2B to 2H + 2A1 in Gadag. It is further submitted that there was a vacant property adjoining the same belonging to respondent No.2. The petitioner was granted lease of the said property. The petitioner made a request that the said property should be sold to him at the market value.
whatsoever to demand sale of the property in question in his favour. Hence he cannot sustain the petition for writ of
mandamus to direct the respondent No.2 to consider his representation and sell him the property concerned.
is hereby dismissed.
Sd/JUDGE
gab List No.: 1 Sl No.: 38
2 issues framed by the court
Whether the Court can direct the respondents to consider the petitioner's representation to sell him the adjacent vacant property.
Whether the petitioner has the legal right to demand the sale of the property in his favour.
1 provisions across 1 enactments
Sri. Aralayya S/o Channayya
The Deputy Commissioner Gadag District
The Commissioner City Municipality Gadag-Betageri
M.I. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
