BAGALKOT TOWN DEVELOPMENT AUTHORITY Vs. MALLKIARJUN C. CHARANTIMATH

JUDGEMENT

(1.) This Intra-Court Appeal seeks to lay a challenge to the order dated 17.07.2020 entered by the learned Single Judge of this Court in W.P. No.110414/2019 (LA-UDA) whereby the appellant and the State Government "are directed to consider the representation submitted by the petitioner and implement resolution dated 17.12.2012 in accordance with law". A period of three months has also been prescribed for the compliance of this direction; the said resolution whose implementation is mandamussed provided for allotment of land to the writ petitioner i.e., the respondent herein.

(2.) After service of notice, the writ petitioner being the opponent has entered appearance through his counsel; the respondent State Government & its officials are represented by the learned Government Advocate, who supported the case of appellants.

(3.) Learned counsel for the appellant submits that: the writ petition has been disposed off with no opportunity of filing objections thereto; there are a few resolutions which provide for allotment of land to the writ petitioner, is true; however, the land sought to be allotted to the writ petitioner by these resolutions is far in excess of his entitlement under the Rules; without ascertaining prima facie regularity & legality of these resolutions, extraordinary jurisdiction constitutionally vested could not have been exercised in favour of the writ petitioner; petitioner although is a land loser, he has been awarded compensation; therefore it is not a case of allotment of land in lieu of compensation; in any circumstance no mandamus can be issued to enforce the resolution that are made in violation law; so arguing he seeks allowing of the writ appeal; learned Government Advocate supports the case of the appellant.