IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.40091 OF 2017 (GM-RES) BETWEEN:
MR.R.ASHOK KUMAR SON OF Y.RAMACHANDRA NAIDU AGED ABOUT 42 YEARS AND R/AT NO.109/2, 2ND MAIN, 2ND CROSS TATA SILK FARM, BASAVANGUDI BANGALORE-560 004 … PETITIONER (BY SRI.M.V.SUNDARARAMAN, ADV.) AND:
BANGALORE METRO RAIL CORPORATION LIMITED 3RD FLOOR, BMTC COMPLEX, K.H.ROAD SHANTHINAGAR, BANGALORE-560 027 HEREIN REPRESENTED BY ITS MANAGING DIRECT … RESPONDENT (BY SRI.VENKATESH P DALWAI, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT TO CARRY OUT A JOINT SURVEY OF THE SCHEDULE PROPERTY WITH THE ASSISTANCE OF A QUALIFIED SURVEYOR AS REQUIRED BY THE PETITIONER IN TERMS OF LETTER DATED:29.06.2017 VIDE ANNEXURE-G AND TO ENSURE THAT THERE IS NO INTERFERENCE WITH THE PETITIONER’S POSSESSION OF THE SCHEDULE PROPERTY IN ANY MANNER WHATSOEVER AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In this petition, the petitioner inter alia seeks for a direction to the respondent to carry out a joint survey of the schedule property with the assistance of a qualified surveyor as required by the petitioner in terms of letter dated 29.06.2017 (Annexure G) and to ensure that there is no interference with the petitioner’s possession of the schedule property in any manner whatsoever.
2. After hearing the learned counsel for the parties and in view of the facts of the case, I deem it appropriate to dispose of the petition with liberty to the petitioner to make a representation with regard to his grievance to the competent authority. Needless to state that if such a representation is made, the competent authority shall decide the same within four months from the date of receipt of such representation by a speaking order in accordance with law. Till then, interim order if any, shall continue. It is made clear that this Court has not expressed any opinion on the merits.
Accordingly, the petition is disposed of.
Sd/- JUDGE RV