IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.26405/2017 (LA-BDA) BETWEEN:
MUNISWAMY S/O LATE ABBAIAH AGED ABOUT 58 YEARS R/AT #26/1, DOOKANAHALLI INDIRANAGAR POST HAL II STAGE, BENGALOORU-560038. REP. BY HIS GPA HOLDER B.V.MADDIREDDY S/O LATE B.VENKATARAMANA REDDY AGED ABOUT 64 YEARS R/AT KETHUR VILLAGE PATHAPALYA POST BAGEPALLI TALUK CHIKKABALLAPURA DISTRICT. …PETITIONER (BY SRI VINAYA KEERTHY.M., ADV.) AND:
1. BENGALOORU DEVELOPMENT AUTHORITY KUMARA PARK WEST T. CHOWDAIAH ROAD, BENGALOORU-570020 REP. BY ITS COMMISSIONER.
2. ASSISTANT COMMISSIONER [RR] BENGALOORU DEVELOPMENT AUTHORITY KUMARA PARK WEST, T.CHOWDAIAH ROAD BENGALOORU-570020.
3. SPECIAL LAND ACQUISITION OFFICER BENGALOORU DEVELOPMENT AUTHORITY KUMARA PARK WEST, T.CHOWDAIAH ROAD BENGALOORU-570020.
4. TOWN PLANNING MEMBER BENGALOORU DEVELOPMENT AUTHORITY KUMARA PARK WEST, T.CHOWDAIAH ROAD BENGALOORU-570020. …RESPONDENTS (BY SRI A.M.VIJAY, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE PETITIONER’S REPRESENTATION DATED 15.05.2017 VIDE ANNEXURE-L.
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 claiming to be the owner of the property to an extent of 3 acres 16 guntas in Sy.No.50 of Dookanahalli Village, Indiranagar Post, HAL II Stage, Bengaluru, being inherited from his father Late Abbaiah.
2. It is the grievance of the petitioner that no award has been passed in respect of the said lands measuring to the extent of 3 acres 16 guntas albeit preliminary notification dated 17.12.1959 and final notification dated 13.10.1960 being issued. The petitioner is aggrieved by the inaction on the part of the respondent – BDA in not considering the representation dated 15.05.2017 at Annexure-L.
3. Considering the facts and circumstances of the case, this Court is of the considered opinion that the ends of justice would be served in directing the respondents to take appropriate decision on the representation submitted by the petitioner at Annexure-L to the writ petition.
Accordingly, the respondent – BDA is directed to consider the representation/request of the petitioner in accordance with law and take appropriate decision, after hearing to the petitioner in an expedite manner, in any event, not later than twelve weeks from the date of receipt of the certified copy of the order.
With the aforesaid observations and directions, writ petition stands disposed of.
NC.
Sd/- JUDGE