IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 11TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE ASHOK S. KINAGI WRIT APPEAL NO.1943 OF 2013 (BDA) BETWEEN:
SRI A NAGESH SON OF C. ALEGOWDA, AGED ABOUT 44 YEARS, RESIDING AT NO.1, ‘NISARGA’ COCONUT GARDEN, NAGARABHAVI MAIN ROAD, BENGALURU-560 072.
...APPELLANT (BY SRI H.T. NATARAJ, ADVOCATGE) AND:
1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, URBAN DEVELOPMENT DEPARTMENT, M.S. BUILDING, BENGALURU-560 001.
2. THE BENGALURU DEVELOPMENT AUTHORITY BY ITS COMMISSIONER, HIGH GROUNDS, KUMARA PARK WEST, BENGALURU-560 020.
…RESPONDENTS (BY SRI KIRAN KUMAR, HCGP FOR R-1; SRI VASANTHA, ADVOCATE FOR SRI K. KRISHNA, ADVOCATAE FOR R-2; SRI K.N. NITISH, ADVOCATE FOR SRI K.V. NARASIMHAN, ADVOCATE FOR PROPOSED RESPONDENT) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 31.01.2013 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.18913 OF 2012; CONSEQUENTLY ALLOW THE WRIT APPEAL AS WELL AS THE WRIT PETITION AND GRANT SUCH RELIEF AS SOUGHT FOR IN THE WRIT PETITION.
***** THIS WRIT APPEAL COMING ON FOR FINAL HEARING THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the order passed by the learned Single Judge in writ petition No.18913 of 2012 dated 31-1-2013, the petitioner has filed this appeal.
2. The grievance of the appellant is only to the extent of directing the respondent -BDA to consider the representation made by him for grant of alternate site. He submits that the representations have been made but have not yielded any results. Under these circumstances, we permit the appellant to make a representation to the respondent - BDA seeking grant of alternate site or otherwise. Once such an application is made, the respondent - BDA is directed to consider the same in accordance with law as expeditiously as possible.
All pending I.As stand dismissed.
Sd/- JUDGE Sd/- JUDGE Rsk/-