A. JAYARAM Vs. SECRETARY TO THE GOVERNMENT OF KARNATAKA DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND ANOTHER

JUDGEMENT

(1.) THE Petitioner is a tender coconut vendor. He was doing the business in a small land in Sy. No. 70, Old No. 477/1 of Kowdenahalli village, which is now known as Ramamurthy Nagar. The said land belongs to the City Municipal Council, K.R. Puram. The Petitioner requested for allotment of the said land. By the endorsement at Annexure -C dated 5.7.1990 he was informed that suit filed by one Krishna Reddy is pending in respect of the said land and his request would be considered after disposal of the same. The Petitioner has produced copy of judgment of the said suit, which is dismissed. Thereafter the impugned endorsement at Annexure -G dated 16.5.2002 is issued rejecting the request of the Petitioner. The Petitioner while seeking to quash the same, a direction is sought to the 2nd Respondent to allow him to do his business in the same place.

(2.) STATEMENT of objections is filed on behalf of 2nd Respondent denying the possession of the Petitioner on the land in question. It is stated that high mass electric poles are installed on the land in question and hence the land is not available now. Writ Petition is sought to be dismissed as not maintainable.

(3.) THE fact that Petitioner was in possession of the land in question, though disputed by the 2nd Respondent in the statement of objections, is admitted in Annexure -C in which it is stated that spot inspection was conducted and the property in possession of the Petitioner was measured. Added to that, Annexure -A is the licence and Annexure -B is the receipt for having collected amount from the Petitioner. Moreover, Petitioner filed suit in O.S. No. 155 of 2001 in the City Civil Court, Bangalore against the 2nd Respondent. The Civil Court granted temporary injunction against the 2nd Respondent vide Annexure -D. All these documents prove the possession of the Petitioner. Hence, the stand taken in the statement of objections is wholly untenable and contradictory to the admitted fact.