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. 34017/2017 (BDA) Between:
H. Ravindra S/o. H.Nanjundaiah Aged about 82 years No.16, New High School Road Visweswarapuram Bengaluru – 560 004 (Note: Benefit of Sr. Citizen not claimed) …Petitioner (By Sri Anoop Haranahalli, Advocate for Sri Yeshu Mishra, Advocate) And:
The Bangalore Development Authority Kumara Park (West) T. Chowdaiah Road Bengaluru – 560 020 Rep. by its Commissioner. ...Respondent (By Sri Keshav R. Agnihotri, Advocate) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India with a prayer to direct the respondent for allotment and conveyance of an alternative site in lieu of site No.468 situated at 6th Stage, 6th Block in Banashankari measuring 12 meters x 18 meters forthwith as requested in the said representation.
This petition coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:
ORDER The petitioner is claiming to be an allottee of site bearing No.468, measuring 12 metres x 18 metres in VI stage, VI Block, Banashankari, Bangalore, allotted under the incentive scheme for voluntary surrender of land for formation of layout. But to the petitioner’s despair and dismay, he was informed that the said site No.468 was not available.
2. It is the grievance of the petitioner that, several requests and representations made to the respondent – authority to allot and convey an alternative site in lieu of site No. 468, has not yielded positive results. Hence, this writ petition.
3. Considering the totality of circumstances of the case, the respondent – BDA is directed to consider the representation dated 07.06.2016, submitted by the petitioner, in accordance with law, in lieu of the allotment order dated 10.10.2003, allotting site bearing No.468, measuring 12 metres x 18 metres in VI Stage, VI Block, Banashankari, Bangalore, and the non-availability of the same. A decision shall be taken in the matter, in accordance with law, in an expedite manner, preferably within a period of twelve weeks, from the date of receipt of certified copy of the order.
With the above observations and directions, writ petition stands disposed of.
Sd/- JUDGE mgn/-