IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.8722/2018 (LA - UDA) BETWEEN PEOPLE’S EDUCATION SOCIETY, SOCIETY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT, 1860 AND BOMBAY PUBLIC TRUST ACT, 1950, NO.348, ANNANDA BHAVAN, DR.DADABHAI NAORAOJI ROAD, FORT, MUMBAI – 400 023. REPRESENTED BY ITS TRUSTEE, SRI.S.R.KRISHNAPPA.
... PETITIONER (BY SMT K.M.NANDITHA, ADV., FOR SRI.SUBRAMANYA R., ADV.) AND 1. STATE OF KARNATAKA, URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, DR.B.R. AMBEDKAR VEEDHI, BENGALURU – 560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
2. BANGALORE DEVELOPMENT AUTHORITY, SANKEY ROAD, KUMARA PARK WEST, BENGALURU – 560 001. REPRESENTED BY ITS COMMISSIONER.
... RESPONDENTS (BY SRI.E.S.INDIRESH, AGA FOR R1; SRI.K.KRISHNA, ADV., FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO ALLOT AND HAND OVER THE REMAINING PORTION OF LAND MEASURING 1 ACRE 24 GUNTAS, OUT OF 5 ACRES 244 SQUARE YARDS WHICH WAS GRANTED BY WAY OF GIFT DEED BY THE MAHARAJA OF MYSURU ON 29.11.1954 VIDE ANNEXURE – B AND REGISTERED IN THE OFFICE OF THE SUB REGISTRAR BENGALURU ON 10.12.1954 EITHER IN THE SAME AREA OR ALTERNATE LAND AT ANY OTHER PART OF THE BANGALORE CITY HAVING SAME POTENTIALITY AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Smt. K.M.Nanditha, learned counsel for Sri Subramanya R., learned counsel for the petitioner.
Sri E.S.Indiresh, learned Additional Government Advocate for respondent No.1.
Sri K. Krishna, learned counsel for respondent No.2.
2. The petition is admitted for hearing. With the consent of the parties, it is heard finally.
3. In this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner inter alia has prayed for an alternative direction by directing the respondent to consider the notices dated 05.01.2010 and 14.10.2017, seeking for allotment of the remaining portion of 1 acre 24 guntas of land in favour of the petitioner.
4. When the matter is taken up toady, learned counsel for the petitioner submitted that the writ petition be disposed of with a direction to the respondent No.2 to decide the notices – Annexures ‘K’ and ‘L’ submitted by the petitioner in a time bound manner by a speaking order.
5. Learned counsel for the respondents submits that the suitable directions may be issued in accordance with law.
6. In view of the submission made and in the facts and circumstances of the case, petition is disposed of, with a direction to respondent No.2 to consider and decide the legal notices submitted by the petitioner by way of speaking order within a period of six weeks from the date of the receipt of the certified copy of the order passed today.
7. Accordingly, writ petition is disposed of.
Sd/- JUDGE nvj