Case Note & Summary
The petitioner, A.N. Seenappa, an ex-serviceman who served 21 years in the Central Reserve Police Force (CRPF) and retired on 01.07.2013, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru. He sought a writ of mandamus to direct the respondents, including the State of Karnataka, Deputy Commissioner, Assistant Commissioner, and Tahasildar, to consider his representations dated 29.08.2018 (Annexure-A) and 12.06.2018 (Annexure-B) for grant of land bearing Sy. No.157 measuring 4 acres 38 guntas of Arakere village, Yaladuru Hobli, Srinivasapura Taluk, under the Military Ex-servicemen quota. The petitioner had initially applied to the DIG, Group Centre, CRPF, Yelahanka, Bengaluru, which forwarded his application to the Deputy Commissioner, Kolar District. However, no action was taken on his subsequent representations. The learned counsel for the petitioner argued that despite the forwarding, the respondents failed to consider the representations. The High Court, after hearing the petitioner's counsel and the learned High Court Government Pleader for the respondents, disposed of the petition with a direction to the respondents to consider the representations and pass appropriate orders in accordance with law within three months from the date of receipt of the order. The court did not express any opinion on the merits of the case.
Headnote
A) Constitutional Law - Writ of Mandamus - Consideration of Representation - Articles 226 and 227 of the Constitution of India - Petitioner, an ex-serviceman, sought a writ of mandamus to direct respondents to consider his representations for grant of land under the Military Ex-servicemen quota - Court held that the respondents are directed to consider the representations and pass appropriate orders in accordance with law within a period of three months from the date of receipt of the order (Paras 1-3).
Issue of Consideration
Whether the respondents are obligated to consider the petitioner's representations for grant of land under the Military Ex-servicemen quota.
Final Decision
The writ petition is disposed of with a direction to the respondents to consider the representations dated 29.08.2018 (Annexure-A) and 12.06.2018 (Annexure-B) and pass appropriate orders in accordance with law within a period of three months from the date of receipt of the order.
Law Points
- Writ of mandamus
- Consideration of representation
- Ex-serviceman quota
- Land grant
- Articles 226 and 227 of Constitution of India
