Writ petition filed for allotment of commercial site under Upper Krishna Project rehabilitation scheme. Court directed petitioner to make fresh representation with details and allowed liberty for appropriate order.
Liberty to make fresh representation with details; respondents to pass appropriate orders within twelve weeks.
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NC: 2023:KHC-D:12892 WP No. 104282 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 104282 OF 2016 (LB-RES)
BETWEEN:
SMT. YASMEENBANU W/O. NASEERUDDIN KOLHAPUR, AGE: 40 YEARS, OCC: BUSINESS, KIRANA MARCHANT, SHOP NO.41. R/O. OLD BHAJI MARKET, BAGALKOT-587101.
…PETITIONER
(BY SRI Y.R. JOGI, ADVOCATE)
AND:
GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI
…RESPONDENTS
(BY SRI G.K. HIREGOUDAR, ADVOCATE FOR R1 AND R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO CONSIDER THE REPRESENTATION DATED: 27.09.2013 AS PER ANNEXURE-F; DIRECT THE RESPONDENTS 1 AND 2 TO ALLOT A COMMERCIAL SITE ‘B’ CATEGORY SITE IN COMMERCIAL AREA AT NEW TOWNSHIP NAVANAGAR, BAGALAKOT IN FAVOUR OF PETITIONER.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner claims to be affected by the Upper Krishna Project and her properties are said to have been submerged in the said project. Because of the same, according to the petitioner, she is entitled to lease of commercial site in the new township at Navanagar, Bagalkote. As her representations have not been considered by the respondent authorities, the present writ petition is filed.
3. Hence the following:
ORDER
The petitioner is given liberty to make a fresh representation to the respondents with all the relevant particulars and the respondents shall pass appropriate orders in accordance with law within twelve weeks thereafter.
Writ petition is disposed of.
Sd/JUDGE
gab Ct-mck List No.: 1 Sl No.: 38
1 issue framed by the court
Whether the respondent authorities are required to consider the petitioner's representation regarding allotment of a commercial site.
2 provisions across 1 enactments
Smt. Yasmeenbanu W/o. Naseeruddin
The Chief Engineer, B.T.D.A. Bagalkot
The Rehabilitation Officer, B.T.D.A. Bagalkot
M.I.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
