Case Note & Summary
The petitioner, Mr. N. Harish, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru. The petitioner sought a direction in the nature of mandamus to the 1st respondent, the State of Karnataka (Revisional Authority), to consider his revision petition dated 18-12-2019 filed under Section 63 of the Karnataka Urban Development Authorities Act, 1987 (the Act). The background of the case involves the cancellation of allotment of site bearing No.4438 in favor of the petitioner by an ex parte order dated 14.09.2016 passed by the 2nd respondent, Mysuru Urban Development Authority (MUDA). Aggrieved by this cancellation, the petitioner filed a revision petition before the State Government, which remained pending without consideration. The petitioner approached the High Court seeking a direction for expeditious disposal of the revision petition. The court heard the learned counsel for the petitioner, Sri. B.S. Nagaraj, the learned High Court Government Pleader for the 1st respondent, Sri. Nithyananda K.R., and the learned counsel for the 2nd respondent, Sri. S.V. Desai. The court observed that the revision petition was pending for a considerable period and that the Revisional Authority had not considered it. The court directed the 1st respondent to consider the revision petition on its merits and pass appropriate orders in accordance with law within six weeks from the date of receipt of the order. The court clarified that it had not expressed any opinion on the merits of the case and that the Revisional Authority should decide the matter independently. The writ petition was disposed of accordingly.
Headnote
A) Administrative Law - Mandamus - Direction to Consider Revision Petition - Section 63 of the Karnataka Urban Development Authorities Act, 1987 - Petitioner sought direction to the Revisional Authority to consider his revision petition dated 18-12-2019 challenging ex parte cancellation of site allotment - Court held that the Revisional Authority must consider the revision petition on its merits within six weeks from the date of receipt of the order, as the petition was pending for a considerable period (Paras 1-5).
Issue of Consideration
Whether the Revisional Authority should be directed to consider the revision petition filed by the petitioner within a specified time frame.
Final Decision
The writ petition is disposed of directing the 1st respondent to consider the revision petition dated 18-12-2019 on its merits and pass appropriate orders in accordance with law within six weeks from the date of receipt of the order. No opinion expressed on merits.
Law Points
- Mandamus
- Revision petition
- Consideration within time frame
- Section 63 Karnataka Urban Development Authorities Act 1987
