IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA WRIT PETITION NO.30230/2019 (BDA) BETWEEN:
MUDLA KONKANI CANARA KUTAM A SOCIETY REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA SOCIETIES REGISTRATION ACT, 1980 PRESENTLY HAVING ITS OFFICE AT “RICH ROSE NIVAS”, NO.797, 11TH ‘A’ MAIN H.B.R. 1ST STAGE, 4TH BLOCK BANGALORE-560043 REP. BY ITS PRESIDENT AND AUTHORISED SIGNATORY RICHARD V. SEQUEIRA S/O LATE PIYAD SEQUEIRA AGED ABOUT 67 YEARS.
... PETITIONER (BY MS. SUSHMITHA SURESH, ADV., FOR SRI. CYRIL PRASAD PAIS, ADV.,) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA BANGALORE-560001.
2. THE BANGALORE DEVELOPMENT AUTHORITY KUMARA KRUPA WEST, BENGALURU-560020 REP. BY ITS COMMISSIONER.
... RESPONDENTS (BY SRI. NITHYANANDA K.R. HCGP FOR R1 SMT. PUSHPAKANTHA, ADV., FOR R2) This writ petition is filed under Article 226 and 227 of the Constitution of India praying to direct the respondents to consider the representation of the petitioner for the allotment of the CA site dated 27.3.2019 in Annexure-A favourably and after such consideration of the said representation, direct the respondent authorities to allot the common amenity site to the petitioner society & etc.
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 taking a decision on the representation submitted by it for allotment of civic amenity site.
2. It is submitted that the petitioner has applied for allotment of civic amenity site on various occasions along with the required fees. A representation dated 27.03.2019 was made to the respondent No.2 – BDA requesting to consider the application for allotment being eligible and had fulfilled all the formalities as per the Bengaluru Development Authority (Allotment of Civic Amenity Sites) Rules, 1989, but in vain. Hence, this petition.
3. In the circumstances, this Court is of the considered view that there is no legal impediment for the respondent No.2 – authority to consider the representation of the petitioner dated 27.03.2019 at Annexure-A for the allotment of civic amenity site and take a decision in accordance with law. Hence, the respondent No.2 is directed to consider the representation of the petitioner dated 27.03.2019 at Annexure-A and take a decision in accordance with law.
Compliance shall be made in an expedite manner in any event not later than eight weeks from the date of receipt of certified copy of this order.
Writ petition stands disposed of in terms of the above.
Sd/- JUDGE RV