IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.46323 OF 2018 (BDA) BETWEEN Sree Sai Darshanam Trust (R) No.53, 13th Main, Sri. Shirdi Sai Baba Mandir, Puttenahalli, Near Brigade Millenium, J.P. Nagar 7th Phase, Bengaluru – 560062, Rep. by its Managing Trustee Sri. K. N. Gurumurthy. .. Petitioner (By Sri. Harish H. V., Advocate) AND The Commissioner Bangalore Development Authority, Bengaluru – 560 020. … Respondent [By Sri. K.Krishna, Sr. Standing Counsel] This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to issue directions to respondent to consider and dispose of the representation’s given by the petitioner, vide Annexure-A dated 03.03.2014 and vide Annexure-B dated 04.05.2017 and vide Annexure-C dated 26.08.2017, requesting for rectification of CA Site Lease Agreement dated 29.10.2010 registered in the office of Sub-Registrar, Bengaluru District, Bengaluru and other connected records, without further delay within a time frame to be fixed by this Hon’ble Court.
This Writ Petition coming on for Preliminary Hearing this day, the Court made the following:-
ORDER The Petitioner-Trust is before this Court with a grievance that its representations for rectifying the alleged defects in the registered C.A.Site Lease Agreement, a copy whereof is at Annexure-E, has remained unconsidered. .
2. The learned Senior Panel Counsel for the respondent-BDA Sri.K.Krishna having accepted notice, submits that the prayer of the petitioner being innocuous may be considered by the BDA, if a reasonable period is prescribed by this Court for such consideration. The stand of the respondent-BDA is fair.
3. In the above circumstances, this Writ Petition succeeds in part; a Writ of Mandamus issues to the Respondent-BDA to consider petitioner’s representations dated 03.03.2014, 04.05.2017 and 26.08.2017 at Annexures-A, B and C respectively, within a period of three months, and further to inform the petitioner the result thereof without brooking any delay.
4. It is open to the Respondent-BDA to solicit or seek any information or documents from the side of the petitioner as are necessary, for due consideration of the said representations. However, no delay would be brooked in the guise of unnecessarily seeking any such information.
No costs.
Sd/- JUDGE KPS