PARVATHAMMA KOM LATE PUTTAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court seeking for issue of mandamus to direct the respondents to consider the representation dated 31-10-2013 and issue appropriate certificate stating that the schedule property is not acquired under Section 4 of the Karnataka Industrial Areas Development Act, 1966. The petitioner claims to be the owner of the property bearing Sy. No. 14/2 measuring 2 acres, 30 guntas situate at Honnenahalli Village, Sompur Hobli, Nelamangala Taluk, Bangalore Rural District. The ownership as claimed has been referred to.

(2.) The case of the petitioner is that the said item of land is the only available source to the petitioner and other lands have been acquired. Hence, the petitioner had made the representation as at Annexure-C. Since, the same has not received consideration, the petitioner is before this Court.

(3.) Having noticed the contentions put forth, I am of the opinion that a positive mandamus in the manner as sought for in the petition cannot be granted at this juncture. I am of the said opinion for the reason that while considering the representation as made by the petitioner at Annexure-C, the respondent 4 would have to take into consideration the factual aspects for determination and thereafter, arrive at a conclusion as to whether the request made by the petitioner could be considered or not. In that view, all that is necessary to be directed at this juncture is that the respondent 4 shall look into the representation submitted by the petitioner, consider all aspects and intimate the result of consideration to the petitioner. To enable such consideration, the petitioner shall now file one more copy of the representation along with the supporting documents with the respondent 4 within three weeks from the date of receipt of a copy of this order. The respondent 4 shall look into the same and intimate the result of such consideration to the petitioner in an expeditious manner, but not later than six weeks from the date on which the copy of the representation and this order is submitted to the respondent 4.