IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S. DINESH KUMAR WRIT APPEAL NO.771 OF 2019 (BDA) BETWEEN:
SRI ABDUL SHUKOOR S/O P.M. KADER IBRAHIM, AGED ABOUT 71 YEARS, R/AT NO.09, 3RD CROSS, 1ST MAIN, MARUTHI EXTENSION, SRIRAMAPURA, BANGALORE-560 021.
(BY SRI H.C. SUNDARESH, ADVOCATE) AND:
THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, BANGALORE-560 020.
... APPELLANT ... RESPONDENT THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED 30-01-2019 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.43874/2016 AND ALLOW THE PRAYER SOUGHT IN THE WRIT PETITION.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S. DINESH KUMAR J., DELIVERED THE FOLLOWING:
JUDGMENT This appeal is presented by the petitioner in the writ petition challenging order dated 30.01.2019 passed in W.P.No.43874/2016.
2. The parties are referred to as per their ranking before the Hon’ble Single Judge.
3. Petitioner made an application for grant of a site to the Bangalore Development Authority and a site measuring 30x40 feet was allotted on 23.08.1976. He did not pay the amount in time and submitted representation in the year 1977 seeking relaxation of condition. His request was rejected. On 04.08.2014, he submitted another representation to the BDA and in response thereto, BDA has issued an endorsement on 14.11.2014 stating that the allotment stood cancelled in the year 1978. Challenging the said endorsement, petitioner has presented the instant writ petition. The Hon’ble Single Judge rejected the writ petition on the ground of delay.
4. Shri H.C. Sundaresh, learned advocate for the petitioner submits that after rejection by the BDA, petitioner was submitting repeated representations, but no action was taken. But however, endorsement has been given only in the year 2014.
5. Perusal of the material papers do not disclose any earlier representations. The representation dated 04.08.2014 has been replied with the impugned endorsement. Reckoned from the date of rejection in the year 1978, 41 years have elapsed as on date. In the circumstances, we see no ground to interfere with the order passed by the Hon’ble Single Judge.
Resultantly this appeal fails and it is accordingly dismissed.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE ca