DATTATRAYA Vs. COMMISSIONER CITY CORPORATION KALABURAGI

JUDGEMENT

(1.) Smt.Rekha M.Patil., learned counsel on behalf of Sri.G.G.Chagashetti., for the petitioner and Smt.Shantabai Patil., learned counsel on behalf of Sri.D.P.Ambekar., for the respondent have appeared in person.

(2.) The brief facts are these: It is stated that the City Corporation, Kalaburagi allotted plot No.320 'G' in Sy.No.19 of Badepur Village and executed lease cum sale deed dtd. 6/1/1969 in favor of the father of the petitioner. The Corporation issued an allotment certificate on 4/10/1969 and also construction permission. As things stood thus, the Corporation issued an endorsement stating that the possession of the land bearing Sy.No.19 is not with the City Municipality and decided to allot alternative sites in Sy.Nos.78 & 79 of Badepur Village and accordingly allotted alternative sites to 255 members. But the father of the petitioner was not given an alternative plot and they did not even refund the entire sale consideration amount. It is said that the father of the petitioner made a representation but the Corporation did not take any decision. Hence, the present Writ Petition is filed seeking a direction to the respondent to consider the request of the petitioner for allotment of an alternative site.

(3.) Learned counsel for the petitioner and respondent have urged several contentions.