IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S. DIXIT W.P.NOS.665-685 OF 2018 (BDA) BETWEEN 1. S GAYATHRI W/O G.V.ARUN R/AT NO.44, RUDRAPPA GARDEN VIVEKANAGAR BANGALORE-560 047.
2. SONIYA.B.R. W/O LAWRANCE R/AT NO.185, SAIT PLAYA OIL MILL ROAD BANGALORE-560 084.
3. MARLINE NICOLAS W/O. J.S. ANTONY NICOLAS R/AT NO.50, 6TH CROSS, VASANTHA NAGARA BANGALORE-560 052.
4. MARY PREMA W/O. JOHN BASCO AGED ABOUT 38 YEARS R/AT NO.2083/3 SAIT PLAYA OIL MILL ROAD BANGALORE-560 084.
5. M. MARY SHEELA W/O. LAKINS, R/AT NO.507, 6TH MAIN ROAD ANANDA PURAM, GEEVANA BHIMA NAGAR, H.A.L.
BANGALORE-560 017.
6. A. GURUMURTHY S/O. LATE APPAIAH R/AT NO.44, RAJUREDDY BUILDING DHODABHANASWADI BANGALORE-560 043.
7. K. JACOB S/O. LATE KOVILPILLAY R/AT EEJIPURA ROAD VIVAKANAGAR POST OPP. OLD SHALIMAR HOTEL BANGALORE-560 016.
8. G.RAJENDRAN S/O. LATE V. GOVINDARAJU NAIDU R/AT NO.64/1, 6TH CROSS RAILWAY SAMANTHRA ROAD AMBEDKAR NAGAR YASHWANTHPURA BANGALORE-560 056.
9. AMMU W/O. LATE THAGAPPAN AGED ABOUT 40 YEARS R/O NO.321, 10TH CROSS BHARATH MATHA LAYOUT VENKATESHPURA BANGALORE-560 045.
10. NAGANATHAN S/O. LATE RAYENCH C/O. HAROONCITY, NO.2 B.M.LAYOUT, VENKATESHPURA REEBAK COLLEGE POST BANGALORE-560 045.
11. A. AROKYARANI W/O. L. MARIYALUIES, R/AT NO.8, CORPORATION COLONY YARAPPA GARDEN, AUSTIN TOWN BANGALORE-560 047.
12. K.M.NAGASUDHA W/O. K.H.MANJUNATH R/AT NO.20/3, 1ST FLOOR NANJE GOWRA ROAD SULAMAN, DODDAMAVALLI BANGALORE-560 004.
13. G.SANTHAMMA W/O. LATE KUTTAN PILLAY AGED ABOUT 47 YEARS R/O. NO.45, NO.80 MUNIYAPPA GARDEN RAMASWAMY PALYA M.S. NAGARA POST BANGALORE-560 033.
14. K.P.VINOD KUMAR S/O. LATE PAREMESHAPPA R/O NO.36, 1ST FLOOR 1ST MAIN ROAD 2ND CROSS ROAD GANAPATHI NAGARA LAGGERA BANGALORE-560 079.
15. G. LIKSHMI W/O. GOVINDHAN R/O NO.47, SADASHIVA ROAD BHARITHRA STREET RAMASWAMY PALYA M.S.NAGARA POST BANGALORE-560 033.
16. A. JOSHPIN MARY W/O. B.SURESH R/O. NO.11, G-3 STAGE 1ST CROSS, JOSHPALYA HALSURU BANGALORE-560 008.
17. K. KARUNA MURTHY S/O. P.GOPALAN R/O. NO.530/1, 8TH CROSS RAILWAY SAMANTHRA ROAD AMBEDKER NAGAR, YASHWANTHPURA BANGALORE-560 056.
18. BASAVARAJ S/O. RANGAIAH R/O. NO.321 3RD BLOCK, 3RD CROSS BEHIND FLORENCE SCHOOL BASAVESHWARANAGAR BANGALORE-560 079.
19. DHANALAKSHMI W/O. SHIVANNA AGED ABOUT 34 YEARS R/O.NO.327, 7TH MAIN ROAD KEMPAGOWDA LAYOUT, LAGGERA BANGALORE-560 058.
20. ERRANNA S/O. MOOLAGOWDA AGED ABOUT 44 YEARS R/O. NO.152, 2ND FLOOR, 1ST CROSS JARKIBHANDAKAVAL NANDINI LAYOUT BANGALORE-560 096.
21. MANJUNATH S/O. BASAPPA R/O. NO.460, 12TH MAIN ROAD M.S.LAYOUT, VIJAYANAGAR BANGALORE-560 040. ... PETITIONERS (BY SRI. AJITH KALYAN, ADV.) AND 1. STATE OF KARNATAKA REPRESENTED BY ITS ASSISTANT CHIEF SECRETARY DEPARTMENT OF CITY DEVELOPMENT VIKAS SOUDHA, AMBEDKAR VEEDHI.
2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY BANGALORE-560 020. ... RESPONDENTS (BY SRI. DILDAR SHIRALLI, HCGP FOR R1 SRI. C. RAMAKRISHNA, ADV. FOR R2) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO CONSIDER THE PETITIONERS REPRESENTATIONS AT ANNEXURE-C1 TO C21 SERIES IN ACCORDANCE WITH LAW.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The short grievance of the petitioners is against non- consideration of their representations at Annexures-C1 to C21 for allotment of sites. Learned counsel for the petitioners presses into service the judgment of this Court made on 11.01.2019 in similar writ petitions No.31020-31022/2018(BDA) and argues for grant of similar relief on the principle of parity. There is some force in the submission of the learned counsel for the petitioners.
2. Learned HCGP and learned panel counsel having accepted the notice, together make submission opposing the writ petitions; they further submit that the prayer of the petitioners for consideration of their representations may be granted subject to a reasonable period prescribed by this Court for doing the task and also petitioners cooperating by furnishing necessary information/ documents for the due consideration of their representations.
3. In view of the above, these writ petitions succeed in part; a Writ of Mandamus issues to the Respondent No. 2-BDA to consider petitioner’s representations at Annexures-C1 to C21 in accordance with law, within a period of three months, keeping in view, the observations made in the aforesaid judgment rendered in cognate writ petitions and further to inform the petitioners, the result of such consideration, forthwith.
It is open to the respondent No.2-BDA to solicit any information/documents from the side of the petitioner as are required for the due consideration of the subject representations; however, no delay shall be brooked in the guise of any such information being sought for.
Sd/- JUDGE JS/-