Petitioner sought a mandamus directing MUDA to consider his representation regarding rectification of site measurements. The respondent's statement of objections recorded that its engineering section had inspected and measured the sites, finding them intact per auction records; the court held the reliefs did not survive and disposed of the petition.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 16181 OF 2017 (LB-RES)
BETWEEN:
M. RAGHU S/O. LATE M. MAHADEVAPPA AGED ABOUT 40 YEARS C/O. D. VENKATESH NO.2727, 3RD CROSS GANDHINAGAR, MANDYA-571 401. (BY SRI. G BALAKRISHNA SHASTRY.,ADVOCATE)
…PETITIONER
AND:
THE COMMISSIONER MYSORE URBAN DEVELOPMENT AUTHORITY JHANSI LAXMI BAI ROAD MYSORE-570 001.
Digitally signed by HEMALATHA A Location: High Court of Karnataka
…RESPONDENT (BY SRI.T.P.VIVEKANANDA., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION BY WAY OF LEGAL NOTICE DATED: 16.01.2017 VIDE ANNEXURE-F FURTHER REPRESENTATION BY WAY OF REMINDERS DATED: 25.02.2017 VIDE ANNEXURE-H AND ANNEXURE-J AS REGARDS RECTIFICATION OF MEASUREMENTS IN RESPECT OF SITE NO.1220, "K" BLOCK, DATTAGALLI LAYOUT,MYSORE CITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2024:KHC:19634 WP No. 16181 of 2017
ORDER
(i) Issue a writ of Mandamus or any other writ directing the respondent to consider the representation by way of Legal Notice dated 16.01.2017 (ANNEXURE-F) further
representation by way of reminders dated 25.02.2017 produced at ANNEXURE-H and ANNEXURE-J as regards rectification of measurements in respect of Site No.1220, “K” Block, Dattagalli Layout, Mysore City.
(ii) Issue any other writ or directions to meet the ends of justice.
“3. At the first instance, the writ petition filed by the petitioner in the year 2017 making grievance relating to conducting of public auction of site No.1220 way back in the year 1995 and issuance
of title deed in the year 2005 is suffers from delay and latches and liable to be dismissed in limine. The further grievance sought to be made out by the petitioner in the present writ petition is in relation to the measurement of both the site Nos.1219 and 1220 which is a disputed fact which cannot be adjudicated in the writ jurisdiction. Notwithstanding the above, as the petitioner has invoked the writ jurisdiction of this Hon'ble Court and sought for a direction to consider his representation, the Engineering Section of this respondent has conducted a spot inspection and measured the site No.1220 and 1219 and found that the measurement of site No.1219 is 15 X 24 Mtrs. is physically intact and the measurement of site No.1220 is as per the measurements stated in the public auction notification. Copy of the sale deed and possession certificate in respect of site No.1220 are produced herewith and marked as ANNEXURES - R 1 & R2. The photographs showing the erection of compound in respect of site No.1219 by the petitioner is produced herewith and marked as ANNEXURE-R3. Similarly photograph of site No.1220 is produced herewith and marked as ANNEXURE-R.4.”
NC: 2024:KHC:19634 WP No. 16181 of 2017
do not survive for consideration. Hence, the writ petition is
disposed of.
Sd/JUDGE
HA List No.: 1 Sl No.: 53
1 issue framed by the court
Should the respondent be directed to consider the petitioner's representation for rectification of measurements of Site No.1220, Dattagalli Layout, Mysore?
1 provisions across 1 enactments
M. Raghu
The Commissioner, Mysore Urban Development Authority
H.T. Narendra Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
