IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT W.P.NO.5514 OF 2019(BDA) BETWEEN M. UMESH S/O. M.R. MRUTHYUNJAYA AGED ABOUT 62 YEARS R/AT 1168, 26TH ‘A’ MAIN ROAD 9TH BLOCK, JAYANAGAR EAST BANGALORE SOUTH -560 069. ... PETITIONER (BY SRI. NANDISH PATIL, ADV.) AND 1. THE BANGALORE DEVELOPMENT AUTHORITY REP. BY ITS COMMISSIONER T. CHOWDAIAH ROAD, KUMARA PARK WEST BANGALORE-560 020.
2. THE DEPUTY SECRETARY-1 THE BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, KUMARA PARK WEST BANGALORE-560 020. ... RESPONDENTS (BY SRI. K. KRISHNA, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 & 2 TO CONSIDER THE REPRESENTATIONS DATED 16.01.2018 AND 02.03.2018 VIDE ANNX-H AND J BE EXECUTING SALE DEED IN FAVOUR OF THE PETITIONER WITH RESPECT TO SITE NO.6 MEASURING 15X24 METERS SITUATED AT 4TH 'H' BLOCK, BANSHANKARI VI STAGE FURTHER EXTENSION.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The short grievance of the petitioner is as to non- consideration of his representation dated 16.01.2018 and 02.03.2018 at Annexures-H and J.
2. Learned senior panel counsel Sri. K.Krishna having accepted the notice for the respondents fairly submits that there would be no difficulty for consideration of the said representation if reasonable period is prescribed by the Court for this and also petitioner provides necessary information & document as required for such consideration. The stand of the BDA is fair.
3. In view of the above, the writ petition is allowed in part; a Writ of Mandamus issues to the Respondent Nos. 1 and 2-BDA to consider petitioner’s representations dated 16.01.2018 and 02.03.2018 at Annexure-H and J respectively, in accordance with law, within a period of three months.
It is open to the respondents-BDA to solicit any information or documents from the side of the petitioner as are required for due consideration of the subject representations; however, no delay shall be brooked in the guise of any such information being sought for.
Sd/- JUDGE JS/-