IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.1207/2016 (BDA) BETWEEN:
SMT.SAROJA W/O SRI C.N.SRIDHAR AGED ABOUT 43 YEARS, R/AT NO.3386/A, 5TH CROSS, 1ST MAIN, GAYATHRI NAGARA, BANGALORE-560 021. ... PETITIONER [BY SRI H.C.SUNDARESH, ADV.] AND:
THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, K.P. WEST, BANGALORE-560 020. …RESPONDENT [BY SRI AJAY KUMAR M., ADV.] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION FILED BY THE PETITIONER DATED 16.08.2012, 21.11.2012, 23.12.2013 AND 28.02.2014 AS PER ANNEXURES-K, L, M & N FOR ALLOTMENT OF ALTERNATIVE SITE AND TO EXECUTE THE SALE DEED IN HER FAVOUR, PURSUANT TO THE ALLOTMENT LETTER ISSUED BY THE RESPONDENT DATED 24.05.1973 VIDE ANNEXURE-A.
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 respondent – BDA in not considering the representations submitted by the petitioner’s father/petitioner seeking for allotment of alternative site in pursuant to the allotment letter dated 24.05.1973 and depositing the sital amount, the petitioner is before this Court.
2. It is the grievance of the petitioner that no response is made to the representations submitted by the petitioner dated 16.08.2012, 21.11.2012, 23.12.2013 and 28.02.2014 as per Annexures – K, L, M and N for allotment of an alternative site.
3. Learned counsel for the petitioner would submit that the site allotted on 24.05.1973 has been neither cancelled nor the sital value deposited has been refunded. Hence, seeks for a direction to the respondent - BDA to consider the representations submitted by the petitioner in accordance with law.
4. Learned counsel for the respondent - BDA has no objections to consider the representations submitted by the petitioner in accordance with law.
5. In view of the aforesaid, this Court is of the considered opinion that ends of justice would be sub- served in directing the respondent – BDA to consider the representations submitted by the petitioner dated 16.08.2012, 21.11.2012, 23.12.2013 and 28.02.2014 as per Annexures – K, L, M and N in accordance with law and a decision shall be taken in an expedite manner, preferably within a period of four months from the date of receipt of certified copy of the order. Ordered accordingly.
With the aforesaid observations and directions, the writ petition stands disposed of.
Sd/- JUDGE PMR