IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22nd DAY OF APRIL, 2019 BEFORE THE HON'BLE MRS. JUSTICE S.SUJATHA WRIT PETITION NO.23441/2017(BDA) BETWEEN:
Shri C.S. Jayashimha, S/o. C.S. Satyanarayana Rao, Aged about 46 years, R/at: No.79/111, 1st Main, 3rd Cross, RHB Colony, Mahadevapura Post, Bengalurur – 560 048. …Petitioner (By Sri. Nanja Reddy P.N., Advocate) AND:
1. Bangalore Development Authority, Represented by its Commissioner, Kumara Park West, T. Chowdaiah Road, Bengaluru – 560 020.
2. The Deputy Secretary – 4 Bangalore Development Authority, Represented by its Commissioner, Kumara Park West, T. Chowdaiah Road, Bengaluru – 560 020.
...Respondents (By Sri.K. Krishna, Advocate) This Writ Petition is filed under Article 226 of the Constitution of India praying to direct respondents to consider the case of the petitioner for allotment of marginal land as per the representations submitted by the petitioner at Annex-F, H and K respectively and as shown in the sketch at Annex – M.
This petition coming on for ‘Preliminary Hearing – B group’ this day, the Court made the following:
ORDER The petitioner is seeking for a writ of mandamus, directing the respondents to consider the representations submitted by him for allotment of marginal land as per the representations submitted at Annexures ‘F’, ‘H’ and ‘K’ dated 28.11.2013, 24.02.2015 and 28.12.2016 respectively.
2. The petitioner is claiming to be the owner of a BDA site bearing No.3AC-230 situated at East of NGEF Layout, Bengaluru.
3. It is the contention of the petitioner that, there is marginal land towards the eastern side of his site, adjacent to which there is drainage. Hence, the petitioner submitted representations to the respondent No.2 for allotment of the said marginal land to him, by producing relevant documents.
4. Learned counsel for the BDA fairly and rightly submits that the representations of the petitioner shall be considered in accordance with law, within a time frame.
5. There is no legal impediment for the respondents to consider the representations submitted by the petitioner. The same having not been done, the respondents shall consider the representations submitted by the petitioner at Annexures ‘F’, ‘H’ and ‘K’ dated 28.11.2013, 24.02.2015 and 28.12.2016 respectively and shall take a decision in accordance with law, in an expedite manner, preferably within a period of twelve weeks from the date of receipt of the certified copy of the order.
With the aforesaid observations and directions, writ petition stands disposed of.
Sd/- JUDGE mgn/-