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2014 DIGILAW 164 (KAR)

Diwakar v. Deputy Commissioner Bidar District

2014-02-14

MOHAN M.SHANTANAGOUDAR

body2014
ORDER The petitioner has sought for the following reliefs: (i) Writ in the nature of certiorari quashing the impugned reply notice dated 31.10.2013 vie Annexure F No.REV/END/CR16/201112/238 issued by the 3rd respondent. (ii) Issue a writ of mandamus directing the respondents to handover the possession of the shop providing all basic amenities of electricity, water and road connectivity also directing the respondent for not forfeiting the deposit amount and allow the petitioner to carry out his business at the premises allotted at the temple. 2. Annexure ‘F’ is nothing but reply made by the Tahsildar, Bidar dated 31.10.2013 to the notice sent by the petitioner. The writ does not lie for quashing the reply to the notice. Reply is not an order at all. Notice and reply to the notice are correspondences. Thus, the first prayer of the petitioner cannot be granted in any stretch of imagination. 3. So far as second prayer is concerned, the respondents have already clarified that the possession is handed over to the petitioner at the time of allotment of the shop in favour of the petitioner. If the petitioner has not received the possession, it is open for him to approach the Civil Court for appropriate relief. Writ petition is not the remedy to decide the disputed questions of facts. With these observations, petition stands dismissed.