1 in the High Court of Karnataka, Bangalore

1 IN THE HIGH COURT OF KARNATAKA, BANGALORE DATED THIS THE 27TH DAY OF JUNE 2013 BEFORE THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH WRIT PETITION No.19781/2013 (KLR-LG) BETWEEN: K.NAGARAJ S/O P.KARIYAPPA AGED ABOUT 28 YEARS MEMBER OF SCHOOL DEVELOPMENT MANAGING COMMITTEE GOVERNMENT HIGH PRIMARY SCHOOL R/O BETTAGONDANAHALLI KANAJANAHALLI POST DHARMAPURA HOBLI HIRIYUR POST-577546 ... PETITIONER (BY SRI HARISH KUMAR M.S., AND SRI M.MUNIRAJU, ADVS.,) AND: 1. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT CHITRADURGA-577501 2. THE ASSISTANT COMMISSIONER CHITRADURGA SUB-DIVISION CHITRADURGA-577501 3. THE TAHSILDAR HIRIYUR TALUK HIRIYUR-577546 ... RESPONDENTS (BY SMT. M.C.NAGASHREE, HCGP) 2 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R3 TO IMPLEMENT THE ORDER DATED 20.3.2008 PASSED BY THE DISABILITY. COMMISSIONER, CHITRADURGA DISTRICT, CHITRADURGA VIDE ANNEXURE-L AND DIRECT THE R1 TO 3 TO CONSIDER THE APPLICATION DATED 19.7.2013 FILED BY THE BLOCK EDUCATION OFFICER, HIRIYUR TALUK, SEEKING GRANT OF THE LAND BEARING SY.NO.895, MEASURING 1 ACRE SITUATED AT BETTAGONDANAHALLI, HIRIYUR TALUK, UNDER THE KARNATAKA LAND GRANT RULES VIDE ANNEXURE-C AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Learned Government Pleader is directed to take notice for the respondents. The petition is filed for issuing a writ of mandamus directing the 3 rd respondent to implement the order dated 20.3.2008 passed by the Deputy Commissioner, Chitradurga District, Chitradurga, as per Annexure-L and also to consider the application dated 19.7.2003 filed by the Block Education Officer, Hiriyur Taluk, seeking grant of the land in Sy.No.895 measuring 1 acre situated at Bettagondanahalli, Hiriyur Taluk, under the Karnataka Land Grant Rules at Annexure-C and also in the alternative to consider the 3 application dated 28.9.2005 filed by the Deputy Director of Public Instruction to grant the land in the above said survey number and for such other relief. 2. Learned counsel for the petitioner submits that the petitioner is a member of the School Development Managing Committee of Government Higher Primary School of Bettagondanahalli, Kanajanahalli Post, Hiriyur Taluk, Chitradurga District. It is stated that the DDPI and the Block Education Officer have moved the Government namely the Tahsildar, Assistant Commissioner and the Deputy Commissioner for grant of 1 acre of land in Sy.No.895 at Bettagondanahalli, Hiriyur Taluk, for the purpose of playground and construction of school room for the benefit of the children going to school. In view of the same, the Deputy Commissioner passed an order dated 20.3.2008 as per Annexure-L directing the Tahsildar, Hiriyur to take possession of the land in question and to submit a report. Despite that, no action has been taken by the respondent Authorities. It is also stated there is 4 acres 4 23 guntas in Sy.NO.895, which is in the name of Siddeshwara Swamy Temple. 3. Heard the learned counsel for the petitioner and the learned Government Pleader for respondents. 4. It is for the respondent Authorities to consider the grievance of any other person and also the application given by the DDPI and the Block Education Officer and to dispose of the matter expeditiously, in accordance with law. Writ petition is disposed of accordingly. Learned Government Pleader to file memo of appearance within four weeks. Sd/- JUDGE PB .

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