IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT W.P.NO.53267 OF 2016 (BDA) Between C.M.Venkataramanan S/o Late Chikkamunivenkatappa, Aged about 51 years, R/at Dharmarayanagara, Ward No.6, Kolar Town, Kolar – 563101. ... Petitioner (By Sri.B.V.Anand, Advocate) And 1. The State of Karnataka Represented by its Secretary, Department of Urban & Housing Development, M.S.Building, B.R.Ambedkar Road, Bengaluru – 560001.
2. The Commissioner, Bengaluru Development Authority, Kumarapark West, Bengaluru – 560020.
3. The Deputy Commissioner (DS-3) Bengaluru Development Authority, Kumarapark West, Bengaluru – 560020. ... Respondents (By Sri.Dildar Shiralli, HCGP for R.1 and Sri.Narendra Gowda, Advocate for R.2 & 3) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the respondent Nos.2 and 3 to consider the representations to issue the allotment letter at Annexures-A, B & C and etc., This Writ Petition coming on for Preliminary Hearing – B Group, this day, the Court made the following:-
O R D E R The short grievance of the petitioner who is an allottee of BDA site is against the non-execution of a regular sale deed comprising the site which is the subject matter of allotment. In this connection, the petitioner has made a representation dated 29.04.2015 at Annexure-A, which having remained unconsidered, petitioner has complained in writ jurisdiction.
2. The respondents after service of notice having entered appearance through their counsel submit that the petitioner’s representations shall be considered and redressal shall be granted to his grievance in accordance with law, if a reasonable period is prescribed by this Court. For doing the said task, the prayer of the petitioner is in access a stand of the answering respondents is fair.
3. In the above circumstances, this Writ Petition succeeds in part; a Writ of Mandamus issues to the respondents/BDA to consider petitioner’s representation dated 29.04.2015 at Annexure-A within a period of eight weeks in accordance with law.
It is open to the respondents/BDA to solicit any information or the documents from the side of the petitioner are answer for due consideration of the said representation. Subject to the rider that no delay shall be brooked in that site.
No costs.
Sd/- JUDGE NBM