Case Note & Summary
The petitioners, K.M. Sadiq and Rafi Ulla, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru. They sought to restrain the respondents, including the Bruhat Bengaluru Mahanagara Palike (BBMP), its Joint Commissioner (South), the Commissioner of Police, and an Inspector of Police, from taking law into their hands and dispossessing the petitioners from the schedule property. During the hearing, the petitioners' counsel restricted the prayer to Clause (b) of the petition, seeking a direction to the respondents to consider the representation dated 06.02.2020 filed by the petitioners at Annexure M and to take a decision in accordance with law to protect their right, title, interest and lawful possession over the schedule property. The court heard the learned advocates for both sides. The court noted that the petitioners had restricted their prayer to the consideration of the representation. Accordingly, the court directed respondent No.2, the Joint Commissioner (South) of BBMP, to consider the representation dated 06.02.2020 and pass appropriate orders in accordance with law within four weeks from the date of receipt of a copy of the order. The writ petition was disposed of with this direction. No order as to costs.
Headnote
A) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of the Constitution of India - Direction to Consider Representation - Petitioners sought direction to respondents to consider their representation dated 06.02.2020 and protect their right, title, interest and lawful possession over schedule property - Court directed respondent No.2 to consider the representation and pass appropriate orders in accordance with law within four weeks - Held that the writ petition is disposed of with direction to consider representation (Paras 2-4).
Issue of Consideration
Whether the respondents should be directed to consider the petitioners' representation dated 06.02.2020 and protect their right, title, interest and lawful possession over the schedule property.
Final Decision
The writ petition is disposed of directing respondent No.2 to consider the representation dated 06.02.2020 and pass appropriate orders in accordance with law within four weeks from the date of receipt of a copy of this order. No order as to costs.
Law Points
- Writ jurisdiction under Articles 226 and 227 of the Constitution of India
- Dispossession by municipal authorities
- Consideration of representation
- Protection of right
- title
- interest and lawful possession
