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2017 DIGILAW 292 (KAR)

GANDHI INSTITUTE OF TECHNOLOGY AND MANAGEMENT v. STATE OF KARNATAKA

2017-02-03

B.S.PATIL

body2017
ORDER : 1. Petitioner – Institute is a Society registered under the provisions of the Karnataka Societies Registration Act, 1960. Its main object is to impart technical education. It is a deemed University under the provisions of Section 3 of the University Grants Commission. It has established its campus near Nagadenalli Village, Doddaballapura Taluk by purchasing certain extent of land. 2. It is the case of the petitioner that lands bearing Sy.Nos.15/10 measuring 008 guntas, 15/11 measuring 016 guntas, 15/2A1 measuring 007.08, 15/2A3 measuring 009.08, 15/2A5 measuring 013 guntas totally measuring 1 acre 14 guntas are ‘B’ kharab lands belonging to the Government. The said lands lie in the midst of the campus where the Institute is run. It is the case of the petitioner that the said extent of lands being kharab land belonging to the Government is not capable of being put to any other use by the Government and that it is very convenient and useful for the petitioner – Institute. Therefore, petitioner claims to have made a representation addressed to the State Government on 25.01.2014 as per Annexure-S1 requesting for grant of the said lands in favour of petitioner – Institute for the purpose of utilizing the same for beneficial enjoyment by the Institute. According to learned Senior Counsel appearing for the petitioner, the said representation has not been so far considered. Therefore, petitioner has been constrained to approach this Court seeking a direction to the respondent – State and its authorities to consider the representation expeditiously. 3. Learned High Court Government Pleader was directed to take notice and secure instructions as regards consideration of Annexue-S1-representation. On instructions, learned Government Pleader submits that representation submitted by the petitioner has been indeed processed and the same has been placed before the cabinet, but as the cabinet directed to ascertain certain particulars, the same has to be again placed before the cabinet along with all particulars. It is further submitted that action in accordance with law will be taken as early as possible. 4. It is further submitted that action in accordance with law will be taken as early as possible. 4. In view of the submission made by the learned Government Pleader, these writ petitions are disposed of with a direction to the respondent State and its authorities to consider and dispose of the representation submitted by the petitioner vide Annexure-S1 on 25.01.2014 as expeditiously as possible, at any rate, within a period of six months from the date of receipt of a copy of this order. It is made clear that till consideration of said representation and passing the order, both parties are directed to maintain status-quo with regard to the nature and possession of ‘B’ kharab lands in question.