IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.58588 OF 2015 AND 19828-19835 OF 2016 (GM-KSR) BETWEEN:
1. SHRI. C. N. DASAPPA, EX. ACCOUNTANT, B.D.A., S/O. DODDANARASAPPA, AGED ABOUT 64 YEARS, NOW AT: NO.740, 9TH BLOCK, 9TH CROSS, NAGARABHAVI II STAGE, BANGALORE-560 072.
2. SHRI. RAMESH N RAIKAR, EX-SHIRASTEDAR, L.A.O'S OFFICE, BDA., S/O. LATE NAGESH, AGED ABOUT 65 YEARS, NOW AT: H. NO. 297, 4TH MAIN, 2ND CROSS, MANJUNATHNAGAR, RAJAJINAGAR, BANGALORE-560 010.
3. SHRI. G.V. SATYA PRAKASH, EXECUTIVE ENGINEER BDA., S/O. G.R.V. IYER, AGED ABOUT 63 YEARS, RESIDING AT NO. 804, 17TH "E" MAIN, 5TH BLOCK, RAJAJINAGAR, BANGALORE-560 010.
4. SHRI. K. DEVRAJU, ASSISTANT EXECUTIVE ENGINEER BDA., S/O. LATE K. DODDAHALAPPA, AGED ABOUT 58 YEARS, RESIDING AT NO.427, GROUND FLOOR, 3A CROSS, 5TH MAIN ROAD, H.R.B.R., 2ND BLOCK, KALYANA NAGAR, BANGALORE-560 043.
5. SHRI.H.S. SHIVANNA, EX-ACCOUNTANT SUPDT., BDA., S/O. LATE SIDDAIAH, AGED ABOUT 63 YEARS, NOW AT NO.4/2-32, KUVEMPUNAGAR, 1ST MAIN, A STREET, N.G. HALLI, MYSORE ROAD, BANGALORE-560 026.
6. SHRI. T. RAJAGOPALACHAR, EX-SUB-INSPECTOR OF POLICE, B.D.A., S/O. T. TIRUMALACHARYA, AGED ABOUT 59 YEARS, NOW AT NO.85/6, VIDYANIKETHAN SCHOOL ROAD, S.P. TEMPLE LAYOUT, 4TH MAIN, 4TH CROSS, SUNKADAKATTE, BANGALORE-560 091.
7. SHRI. C. LAKSHMANA, EX-CONSTABLE, B.D.A., S/O. CHIKKAYELLAIAH, AGED ABOUT 54 YEARS, NOW AT D. NO.2., JAYARAM BUILDING STANDARD CHAWL, NEAR K.K. ROAD, T. DASARAHALLI, BANGALORE-560 057.
8. SHRI. K.M. CHANDRA SHETTY, EX-CONSTABLE, B.D.A., S/O. LATE MANJA SHETTY, AGED ABOUT 59 YEARS, NOW AT NO.5/1, 8TH MAIN, 8TH CROSS, SHIVANAGAR, RAJAJINAGAR, BANGALORE-560 010.
9. SMT. DAMAYANTHI, EX-ACCOUNTS SUPDT., B.D.A., W/O. N.P. PONACHA, AGED ABOUT 55 YEARS, NOW AT NO. 205, VANAJA COTTAGE, 8TH "D" MAIN, H.R.B.R. 1ST BLOCK, KALYANANAGAR, BANGALORE-560 043.
…PETITIONERS (BY MR.VISHNU HEGDE, ADV.) AND:
1. THE GOVERNMENT OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, AMBEDKAR ROAD, BANGALORE-560 001.
2. THE PRINCIPAL SECRETARY, GOVERNMENT OF KARNATAKA, HOUSING AND URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, AMBEDKAR ROAD, BANGALORE-560 001.
3. THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK (WEST), BANGALORE-560 020.
4. THE REGISTRAR OF SOCIETIES AND FIRMS /DISTRICT REGISTRAR, PLOT NO. 17, MARUTHI PLAZA, II FLOOR, II MAIN ROAD, VYALIKAVAL, SADASHIVNAGAR, BANGALORE-560 003.
5. BANGALORE DEVELOPMENT AUTHORITY EMPLOYEES WELFARE ASSOCIATION, REPRESENTED BY ITS PRESIDENT, B.D.A. HEAD OFFICE COMPOUND, KUMARA PARK (WEST), BANGALORE-560 020.
… RESPONDENTS (BY MR.V.SHIVAREDDY, HCGP FOR R1, R2 AND R4. MR.M.N.RAMANJANEYA GOWDA, ADV. FOR R3 MR.K.SACHINDRANATH KARANTH, ADV FOR R5) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-2 TO 4 TO CONSIDER THE REPRESENTATIONS OF THE PETITIONERS DATED 17.11.2014, 17.12.2014 AND 27.08.2015 AT ANNEX-A, B & C BY DIRECTING R-4 TO ALLOT THE SITES TO THE PETITIONERS ON BASIS OF THE SENIORITY WITH THE SUPERVISION OVER R-5 IN RESPECT OF THE ALLOTMENTS OF THE SITES, AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Vishnu Hegde, learned counsel for the petitioners.
Sri.V.Shivareddy, learned High Court Government Pleader for the respondent Nos.1, 2 and 4.
Sri.M.N.Ramanjaneya Gowda, learned counsel for the respondent No.3.
Sri.K.Sachindranath Karanth, learned counsel for the respondent No.5.
2. The petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
3. In these petitions, the petitioners inter alia seek for a direction to the respondent Nos.2 to 4 to consider the representations of the petitioners dated 17.11.2014, 17.12.2014 and 27.08.2015.
4. After hearing the learned counsel for the parties and in view of the facts of the case, I deem it appropriate to dispose of the petitions with a direction that suitable action, if not already taken on the representations submitted by the petitioners, shall be taken in accordance with law by the competent authority by a speaking order within two months from the date of receipt of certified copy of the order passed today. With regard to the other relief which has been claimed by the petitioners, the petitioners are at liberty to take recourse to such remedy as may be available to them under the law. It is made clear that this Court has not expressed any opinion on the merits.
Accordingly, the petitions are disposed of.
Sd/- JUDGE RV