IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NOS.31020-31022/2018 (BDA) BETWEEN 1. Mayappa S/o. Doddaiah, Aged about 54 years, R/at No.113-2-b, 1st Main Road, Jahalli, Bahubalinagar, Bengaluru – 560 013.
2. Vijayasarathi.N S/o Nagarajshastri, Aged about 50 years, R/at No.682, Vishnu Krupa, 13th Main Road, 1st Block, 3rd Stage, Basaveshwaranagar, Bengaluru – 560 079.
3. Rajashekaraiah S/o Kullachar, Aged about 60 years R/at No.13, 1st Cross, Ayyanna Shetty Layout, Byatarayanapura, Bengaluru – 560 026. ... Petitioners (By Sri Ajit Kalyan, Advocate) AND 1. State of Karnataka, Represented by its Assistant Chief Secretary, Department of City Development, Vikas Soudha, Ambedkar Veedhi, Bengaluru – 560 001.
2. The Commissioner Bengaluru Development Authority, Bengaluru – 560 020.
(By Sri Dildar Shiralli, HCGP for R1; Sri K.Krishna, Advocate for R2) …Respondents These writ petitions are filed under Articles 226 and 227 of the Constitution of India praying to direct the R-2 to consider the petitioners representation dated 12.11.2017, 12.06.2016 and 13.11.2017 at Annexure-D to D2.
These writ petitions coming on for Preliminary Hearing this day, the court made the following:-
ORDER The learned counsel for the petitioners asserts and the learned HCGP Shri. Dildar Shiralli on request appearing for the respondents, does not dispute that the subject matter of these Writ Petitions is substantially similar to the ones in the cognate W.P. No. 4140/ 2013 disposed off by a Co-ordinate Bench of this court vide judgment dated 04.08.2015 at Annexure C1 and in W.P. Nos. 28767-28793/2015 (BDA) disposed off by another Co-ordinate Bench of this Court vide judgment dated 23.03.2017 at Annexure-C and therefore, similar relief’s needs to be granted to the petitioners herein on the principle of parity.
2. In view of the above, these writ petitions succeed in part; a Writ of Mandamus issues to the respondent No.2- BDA to consider petitioners representation dated 12.11.2017, 12.06.2016, 13.11.2017 at Annexure-D, D1 and D2 respectively in accordance with law, within a period of three months, keeping in view, the observations made in the aforesaid judgments rendered in cognate writ petitions and further to inform the petitioners, the result of such consideration forthwith.
3. It is open to the respondent-BDA to solicit or seek any information or documents from the side of the petitioners as are required for due consideration of the subject representations; however, no delay would be brooked in the guise of any such information being sought for.
No costs.
Sd/- JUDGE KPS