IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.57671/2018 (BDA) BETWEEN Shree Manjunatha Temple Trust (R) Sarakari Gutte, Rajajinagar 2nd Stage, Bengaluru – 560 010 Represented by its Secretary Shri Prasanna S/o Late Shri Rangappa Aged about 59 years. ... Petitioner (By Sri. Shanmukhappa, Advocate) AND 1. Bengaluru Development Authority Sankey Road, Bengaluru – 560 020. Represented by its Commissioner.
2. Bruhat Bengaluru Mahanagara Palike N.R. Square, Bengaluru – 560 020.
Represented by its Commissioner. …. Respondents (By Sri. C. Ramakrishna, Advocate for R1; Sri. K. N. Puttegowda, Advocate for R2) This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the respondents to consider the representations dated 18.06.2014 and 09.10.2017 vide Annexures-‘A’ and ‘B’ and etc.
This writ petition coming on for Preliminary Hearing this day, the Court made the following:
ORDER The short grievance of the petitioner – Trust is against non-consideration of its representations dated 18.06.2014 and 09.10.2017 respectively at Annexures-‘A’ and ‘B’, wherein the said Trust has sought for the grant of Approval Plan and also for the extension of the tenure of lease in question.
2. Learned counsel for the petitioner submits that in the absence of intervention of the Court, the things would not move in the office of the respondents and therefore, it is now at the doors of this Court.
3. Sri. C. Ramakrishna, learned Panel counsel and Sri. K.N. Puttegowda, learned Senior Panel counsel having accepted notice for respondent Nos.1 and 2 respectively, submit that they would instruct their clients to look into the grievance of the petitioner-Trust and therefore, a reasonable period be prescribed by this Court for accomplishing their task in question, subject to petitioner-Trust cooperating by furnishing necessary information and documents. The stand of the respondents is fair & reasonable.
4. In view of the above, the writ petition succeeds; a Writ of Mandamus issues to the respondent No.1-BDA to consider petitioner’s representations dated 18.06.2014 at Annexure-‘A’ and 09.10.2017 at Annexure-‘B’, within an outer limit of three months, after hearing the petitioner or its agent, if necessary, and that the result of such consideration shall be made known to the petitioner-Trust at the earliest.
5. It is needless to mention that respondent No.2- BBMP shall co-ordinate with respondent No.1-BDA to facilitate consideration of the said representations.
It is open to the said respondent No.1-BDA to solicit or seek any information or documents from the side of the petitioner as may be required for due consideration of the aforesaid representations, subject to the rider that in that guise, the delay shall not be brooked.
Costs made easy.
Sd/- JUDGE PYR