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.25023/2018 (BDA) BETWEEN:
SHRI M.SHIVAKUMAR S/O LATE M.MUNISWAMAPPA AGED ABOUT 62 YEARS, R/AT NO.157, SARAKKI VILLAGE, J.P. NAGAR 1ST PHASE, BENGALURU -560 078 REP. BY HIS G.P.A. HOLDER SRI V.RAJANNA S/O LATE VENKATARAJU AGED ABOUT 67 YEARS R/AT NO.25, 18TH MAIN, 5TH PHASE J.P. NAGAR, BENGALURU-560 078 …PETITIONER (BY SRI K.H.SOMASEKHARA, ADV.) AND:
1. STATE OF KARNATAKA REP. BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF HOUSING & URBAN DEVELOPMENT BANGALORE-1 2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE-20 …RESPONDENTS (BY SRI B.J.ESHWARAPPA, AGA FOR R-1; SRI BIPIN HEGDE, ADV. FOR R-2.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS PERTAINING THE PRESENT CASE OF THE PETITIONER FROM THE RESPONDENT NOS.1 AND 2 AND DIRECT THE R-1 AND 2 TO CONSIDER THE REPRESENTATION DATED 19.02.2018 GIVEN FOR FIXING THE BOUNDARY AND DEMACRATING THE LAND MEASURING 9.5 GUNTAS IN SURVEY NO.35/2A IN SARAKKI VILLAGE, AS PER THE ENDORSEMENT DATED 21.02.2014 VIDE ANNEXURE-A INVIEW OF THE GOVERNMENT ORDER DATED 29.06.2010 THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner is aggrieved by the inaction of the respondents in not considering the representation dated 19.02.2018 submitted by him for fixing the boundary and demarcating the land measuring 9.5 guntas in Sy.No.35/2A in Sarakki Village said to have been deleted from the acquisition out of 1 Acre 25 Guntas.
2. The petitioner is claiming to be in possession of the land in Sy.No.35/2A to the extent of 1 acre 25 guntas. It is the grievance of the petitioner that the representation submitted by him has remained un-considered by the respondents despite the several requests. Hence, this writ petition.
3. It is needless to mention that it is obligatory on the part of the respondent No.2 to consider the representation/request and to take action/decision in accordance with law. Hence, the respondent Nos.2 – Commissioner, Bangalore Development Authority is directed to consider the representation of the petitioner dated 19.02.2018 at Annexure-A to the writ petition in accordance with law and take action/decision in the matter.
Compliance of this order shall be made in an expedite manner in any event not later than eight weeks from the date of receipt of the certified copy of the order.
Writ petition stands disposed of in terms of the above.
Sd/- JUDGE NC.