Allowed

The Tumkur District Bhagiratha v. the Commissioner

Karnataka HC13 Apr 2023WP/14953/2017

Case brief

AI extract

What is this about?

In a writ petition under Articles 226 and 227 of the Constitution, the petitioner sought a direction for the Tumakuru Mahanagara Palike to consider a pending representation dated 18.1.2017. The court observed that the corporation must consider representations within a reasonable time and allowed the petition.

What did the court decide?

A mandamus issued directing the respondent to consider the representation dated 18.1.2017 within eight weeks from the date of receipt.

The Tumkur District Bhagiratha Vs the… — Municipal and Town Planning | Karnataka HC (2023)

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WP No. 14953 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF APRIL, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 14953 OF 2017 (LB-RES)

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BETWEEN:

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THE TUMKUR DISTRICT BHAGIRATHA UPPARA MAHASANGH (REGD), REPRESENTED BY THE SECRETARY, SRI VISHWANATH, S/O LATE T.THIMMAIAH, AGED ABOUT 77 YEARS, R/AT GAYATHRI NILAYA, 6^TH CROSS, VALMIKINAGARA, BATAWADI, TUMKUR-572 102.

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… PETITIONER

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(BY SRI. V B SIDDARAMAIAH., ADVOCATE)

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AND:

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Digitally signed by NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA

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THE COMMISSIONER TUMKURU MAHANAGAR PALIKE, B.H.ROAD, SHIVANANDA CIRCLE, TUMKUR-572 101.

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(BY SRI. SUBRAMANYA R., ADVOCATE)

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… RESPONDENT

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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 OR ANY OTHER WRIT OR ORDER'S OR ORDER DIRECTING THE RESPONDENT, TUMAKURU MAHANAGARA PALIKE, TUMKURU, TO CONSIDER THE REPRESENTATION OF THE PETITIONER DTD 18.01.2017 VIDE ANNEXURE-K AND ETC.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

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WP No. 14953 of 2017

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ORDER

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The petitioner is before this Court seeking for the following reliefs;

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a. Issue Writ of Mandamus or any other writ or order's or order directing the respondent, Tumakuru Mahanagara Palike, Tumkuru, to consider the representation of the petitioner dated 18.01.2017 vide Annexure-K, in accordance with law in the interest of justice and equity.

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b. Issue any other writ or order or orders as this Hon’ble Court be deems fit it necessary under the facts and circumstances of the case in the interest of justice and equity.

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The petitioner has submitted a representation dated 18.1.2017 which is yet to be considered by the respondent. It is in that background the petitioner has approached this Court.

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The City Municipal Corporation, once a representation has been submitted is required to consider the same, either accept or reject it within a reasonable period of time. That not having been done the petition would require to be allowed, as such I pass the following;

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WP No. 14953 of 2017

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ORDER

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i. The Writ petition is allowed .

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ii. A mandamus is issued, the respondent is directed to consider the representation dated 18.1.2017 at Annexure-K within a period of eight weeks from the date of receipt of copy of this order strictly in accordance with law.

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iii. Needless to say, that this Court has not expressed any opinion on the merits of the matter.

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Sd/JUDGE

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The Tumkur District Bhagiratha v. the Commissioner

Case brief

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The Tumkur District Bhagiratha v. the Commissioner

Case brief

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