IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.No.49515/2018 (LA – BDA) BETWEEN :
1 . SANTOSH GOVINDARAJ PRABHU S/O LATE GOVINDARAJ PRABHU AGED ABOUT 33 YEARS R/AT A1 MANSOURA, P.O BOX-311 DOHA, QATAR PRESENTLY AT BANGALORE 2 . SMT CHANDRAKALA GOVINDARAJ PRABHU W/O LATE GOVINDARAJ PRABHU AGED ABOUT 57 YEARS 3 . SMT.SUCHITRA N. SHENOY D/O LATE GOVINDARAJ PRABHU W/O H.NAGESH SHENOY AGED ABOUT 28 YEARS 4 . SMT.SANDHYA GOVINDARAJ PRABHU D/O LATE GOVINDARAJ PRABHU AGED ABOUT 23 YEARS SL.NO.2 TO 4 ARE REP. BY THEIR GPA HOLDER SANTOSH GOVINDARAJ PRABHU S/O LATE GOVINDARAJ PRABHU SL.NO.2 TO 4 ARE R/AT FLAT No.S-2 HAYA GREEVA APARTMENT, 7TH CROSS, 6TH MAIN, MALLESHWARAM, BANGALORE. ...PETITIONERS (BY SMT.SUCHETA MAJUMDAR, ADV.) AND :
1 . THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD, KUMARA PARK WEST BANGALORE-560020 2 . THE LAND ACQUISTION OFFICER BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD KUMARA PARK WEST BANGALORE-560020 …RESPONDENTS (BY SRI K.THARANATH SHETTY, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT TO CONSIDER THE REPRESENTATION WHICH IS MARKED AS ANNEXURE-F.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Being aggrieved by the inaction of the respondents in not considering the representation of the petitioner marked at Annexure-F, the petitioner is before this Court.
2. The petitioners, claiming to be the legal heirs of late Sri.Govindaraj Prabhu, have filed this writ petition contending that late Sri.Govindaraj Prabhu had purchased a site No.34 in Sy.No.No.9 bearing Katha No.320 measuring 2400 square feet situated at Mallathahalli village, Yeshwanthpur Hobli, Bangalore North Taluk. The said site was originally allotted to Sri.Hanumanthaiah and subsequently the father of petitioners had purchased it through his GPA holder viz., Sri.D.Umashankar, Son of Sri.Duglappa. It is the contention of the petitioners that the said site was acquired without notifying the petitioners father for the formation of M.Vishweshwaraiah Layout. It is the grievance of the petitioners that the representation made by them for re-allotting a new site either in the same layout or in any other layout has not been considered.
3. Learned counsel appearing for the respondents has no objection to consider the representation submitted by the petitioners in accordance with law.
In view of the aforesaid, writ petition stands disposed of directing the respondents to consider the representation marked at Annexure-F in accordance with law and take a decision in an expedite manner, in any event, not later than twelve weeks from the date of receipt of certified copy of the order.
Sd/- JUDGE Dvr: