IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NOs.4175 – 4199 OF 2019 (BDA) BETWEEN:
1. Eranna S/o Late Mallesgowda Aged about 45 years No.151, 1st Main Road Jarakka Bande Kaval Nandini Layout Bengaluru – 560 096 2. G.Ramakrishnappa S/o K.Gangappa Aged about 60 years No.5, 13th Cross Agrahara Dasarahalli Bengaluru – 560 079 3. Pyaru Sab S/o Sheikh Haseen Saheb Aged about 68 years No.36, 2nd Main Road 5th Cross, Deepanjali Nagara Bengaluru – 560 026 4. B.S.Chandradara S/o D.R.Shivakumar Aged about 27 years No.1/1, 2nd Main Road Nanjamba Agrahara Chamarajapete Bengaluru – 560 018 5. Sridhar B V S/o Late B.V.Venkatachalaiah Aged about 59 years No.8921, 6th Cross, ITI Layout Papareddy Palya Main Road 2nd Phase, Bengaluru – 560 072 6. Susheelamma W/o Nagaiah Aged about 43 years No.114, Machohalli Bapagrama, Bengaluru – 560 091 7. H.N.Bharathi D/o Krishna Aged about 44 years No.30/1, 6th Main Road Agrahara Dasarahalli Bengaluru – 560 079 8. B.Sathyanarayana Rao S/o Late K.Baburao Aged about 44 years No.179, 8th Cross Water Tank Road Sanjivininagar Bengaluru – 560 092 9. Baskar S/o B.S.Murthy Aged about 43 years No.24/1-1-B Rajalakshmi Nagar 2nd Cross Mounaguru Matha Road Bengaluru – 560 005 10. Raghavendra S S/o Subramanya Aged about 41 years No.16, 1st Cross Om Shakthi Devasthana Road PNS Layout, Bengaluru – 560 043 11. Ramesh G S/o Govindaraju Aged about 41 years No.44, Surabhi Layout Behind Church Yelahanka Old Town Bengaluru -560 064 12. Kamaldeep Singh B K S/o Late Karan Singh Aged about 32 years No.7, 2nd Cross, Shastri Layout 2nd Main Road, Kempegowda Garden Abbigere, Bengaluru-560 090 13. C.Krishnappa S/o Sunkappa Aged about 67 years No.2345, 23A Cross C Block Sahakarnagar Bengaluru -560 092 14. Jagadish S/o Kempappa aged about 58 years No.1140, 2nd Main Road 1st Stage, Jayanagar Bengaluru – 560 040 15. Rajanna S/o Hucchayya aged about 59 years No.3901, 1st Main Road 8th Cross, Gayathrinagar Bengaluru – 560 021 16. Basavaraj S/o Nagappa Aged about 41 years No.1454, Krishnadevaraya Road Pipeline, Vijayanagar Bengaluru – 560 040 17. Asha D D/o Late Dwarakanath aged about 52 years No.1280, 4th Cross 17th Main Road Sanimahathma Temple Road Muneshwara Block Bengaluru – 560 026 18. Manjula D/o Narasimhaiah aged about 53 years No.E128/C, Somanna Building Sajje Palya Bengaluru – 560 091 19. Mudirappa C S/o Channaveeraiah aged about 65 years No.23/1, 5th Main Road 13th Cross, Agrahara Dasarahalli Bengaluru – 560 079 20. T. Savitha D/o Narayan Aged about 41 years No.134, 1st Stage, KH Colony Basaveshwaranagara Bengaluru – 560 079 21. Ibrahim Kutty S/o Late Ali aged about 61 years No.153, 1st Main Road Jarakka Bande Kaval Nandini Layout Bengaluru – 560 096 22. Chandrashekar Swamy S/o Nagaraj aged about 52 years No.78, 2nd Floor, 1st Main Road Jarakka Bande Kaval Nandini Layout Bengaluru – 560 096 23. J. Nagendra S/o Jeenadataraiah aged about 47 years No.12/1, 6th Main Road Palace Guttahalli Malleshwaram Bengaluru – 560 003 24. N.Shilpa W/o Adarsh Singh Aged about 30 years No.43, Surabhi Nagara J.P.Nagar, 8th Phase 3rd Main Road Jambusawari Dinne Bengaluru – 560 078 25. Manjunath S/o Munisiddappa aged about 37 years No.152, 1st Main Road Jarakka Bande Kaval Nandini Layout Bengaluru – 560 096 ... Petitioners (By Sri Samarth Prakash, Advocate) AND 1. State of Karnataka Represented by its Secretary Urban Development Department Vidhana Soudha Bengaluru – 560 001 2. The Bengaluru Development Authority Represented by its Commissioner Chowdaiah Road Kumara Park West Bengaluru – 560 020 3. The Special Land Acquisition Officer Bengaluru Development Authority Chowdaiah Road Kumara Park West Bengaluru – 560 020 ...Respondents (By Sri Dildar Shiralli, HCGP for R1; Sri K.Krishna, Advocate for R2 and R3) These writ petitions are filed under Articles 226 and 227 of the Constitution of India praying to call for records from the respondents for the purpose of consideration of representations of the petitioners dated 10.06.2016 and 04.01.2019 vide Annexure-D & E from the office of the R-2 and direct the respondent No.2 to consider the representations of the petitioners dated 10.06.2016 and 04.01.2019 vide Annexure-D & E and allot free sites in their name in terms of the directions of the respondent No.1 letter dated 25.03.1988 vide Annexure-A.
These writ petitions coming on for preliminary hearing this day, the Court made the following:
ORDER The short grievance of the petitioners, who apparently belonged to depressed classes of the society is against non consideration of their representations dated 10.06.2016 and 04.01.2019 respectively at Annexure-D and E for the grant of sites ad-measuring 20 x 30 Sq. Ft. to each of them in terms of the policy decision of the Government of Karnataka dated 25.03.1988 at Annexure-A reiterated in the order dated 06.07.2009 at Annexure-B, respectively.
2. On request, learned HCGP Sri Dildar Shiralli, accepts notice for the first respondent and Sri K.Krishna, learned Senior Panel Counsel accepts notice for respondents 2 and 3. Both the counsel having initially resisted the writ petitions, now submit that if a reasonable period is prescribed by this Court for the consideration of the said representations as has been done in cognate Writ Petition Nos.28767-793/2015(BDA) disposed of by a Co-ordinate Bench of this Court vide judgment dated 23.03.2017, a copy whereof is at Annexure-F, there would be no much difficulty in accomplishing the task, ofcourse, subject to the petitioners co-operate in the matter by furnishing necessary information or documents as may be solicited by the answering respondents.
3. The stand of the respondents is fair, and the prayer of the petitioners is innocuous. There is no reason to deny the limited relief as sought for, either, when a Co- ordinate Bench of this Court has already granted some relief to the similarly circumstanced litigants.
4. In the above circumstances, these Writ petitions succeed in part; a Writ of certiorari issues directing the respondents 2 & 3 to consider petitioners’ representations dated 10.06.2016 and 04.01.2019 at Annexure-D & E, respectively, in accordance with law within an outer limit of three months, and further the petitioners shall be made known the result of such consideration, forthwith.
5. It is open to the answering respondents to solicit any information or documents from the side of petitioners as may be required for due consideration of the said representations, subject to the rider that no delay shall be brooked in that guise.
No costs.
Sd/- JUDGE Kmv