IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.52244/2019 (LA – BDA) BETWEEN:
SMT.SHARADAMMA W/O B.C.CHELUVARAJ, AGED ABOUT 60 YEARS, ‘RATHU’, NO.8, 8TH MAIN, VH COMPLEX, 3RD PHASE, GIRINAGAR, BENGALURU-560085 …PETITIONER (BY SMT.INDUMATHI S.R., ADV.) AND:
1 . THE BENGALURU DEVELOPMENT AUTHORITY KUMARA PARK WEST, GUTTAHALLI, BENGALURU-560020 REP BY ITS COMMISSIONER 2 . THE ADDL. LAND ACQUISITION OFFICER, BENGALURU DEVELOPMENT AUTHORITY, KUMARA PARK WEST, GUTTAHALLI, BENGALURU-560020, REP BY ITS LAND ACQUISITION OFFICER …RESPONDENTS (BY SRI C.RAMAKRISHNA, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION GIVEN BY THE PETITIONER VIDE ANNEXURE-H DATED 16.07.2019.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned counsel Sri.C.Ramakrishna is permitted to accept notice for the respondents.
2. The petitioner has sought for a direction to the respondents to consider the representations submitted by her vide Annexure-H dated 16.07.2019.
3. The petitioner claims that she was the owner of the land measuring 2.2 guntas in Sy.No.34/4 of Mallathahalli Village, Yeshwanthpura Hobli, Bengaluru North Taluk which was purchased by her from her vendor late Kencha Muniyappa through a registered sale deed dated 26.12.1980. The petitioner had filed W.P.No.16483/2007 seeking for a direction to provide an alternative site since the said land was acquired by the Bangalore Development Authority [BDA] for the purpose of extension of Vishveshwaraiah Layout. The said writ petition was disposed of on 20.11.2007 directing the respondent-BDA to consider the application submitted by the petitioner for allotment of site in pursuance of the judgment of this Court in the case of Junjamma and Others V/s. The Bangalore Development Authority, Rep by its Commissioner, Bangalore and Others, reported in ILR 2005 KAR 608.
4. It is the grievance of the petitioner that despite the direction issued by this Court in W.P.No.16483/2007 as far back as 20.11.2007, the same has not been duly complied with, by the respondents. Hence, the petitioner has now made another representation dated 16.07.2019 which remain unconsidered. Hence, the present writ petition.
5. Having regard to the facts and circumstances as aforesaid, this Court is of the considered view that the interest of justice would be sub-served in directing the respondents to consider the representation dated 16.07.2019 at Annexure-A to the writ petition in an expedite manner keeping in mind the directions issued by this Court in W.P.No.16483/2007 dated 20.11.2007. The compliance shall be made by the respondents in an expedite manner in any event not later than eight weeks from the date of receipt of certified copy of the order.
Writ petition stands disposed of in terms of the above.
Sd/- JUDGE NC.