CHIEF COMMISSIONER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the appellants. For the reasons stated in the affidavit filed in support of the application, delay caused in filing the appeal is condoned.

(2.) The learned counsel for the appellants vehemently submitted that as a result of the directions issued by the learned Single Judge in the order dtd. 18/4/2023, genuine applicants will be deprived of an opportunity of early disposal of their applications. The learned counsel submits that as the applications submitted to the Bruhat Bengaluru Mahanagara Palike (BBMP) in the year 2021 were too brief, without any details, the Authorities were unable to decide the applications.

(3.) In our opinion, the writ appeal is thoroughly meritless and the approach of the appellants in providing explanations or justification is a very casual approach. The petitioners had approached this Court in the year 2023 with a grievance that the applications submitted by them, way back in the year 2021, were neither considered nor rejected till the date of filing of the writ petition. In paragraph 5 of the impugned order, the learned Single Judge refers to the Suvarna Khata Scheme, according to which BBMP is required to consider and dispose of any application for khata within a period of 30 days from the date of receipt of the application. The learned Single Judge observed that when there is specific time period prescribed in the Scheme itself, BBMP Authorities have neither considered the applications nor rejected the same, for a period of one year. Accordingly, the learned Single Judge thought it fit to impose compensatory cost and directed that respondent No.2 - the Chief Commissioner, BBMP shall make payment of cost of Rs.5,000.00 to each petitioners within a stipulated period of six weeks from the date of receipt of copy of the order and further, the Chief Commissioner was permitted to recover the said amount of cost from the erring officers who have defaulted in considering the applications from July 2021 till the learned Single Judge passed the impugned order. Ultimately, the learned Single Judge directed the Chief Commissioner to consider the applications submitted by the petitioners within a period of six weeks and this period of six weeks was granted as a concession due to the impending elections.