IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 27TH DAY OF APRIL, 2017 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH WRIT PETITION NO.33918 OF 2013(BDA) BETWEEN:
SRI BET NARAYAN MAHARAJ MEMORIAL TRUST (R) GAVIPURAM CIRCLE, BENGALURU – 560 019 REPRESENTED BY ITS SECRETARY, SRI D.M.NAND KISHORE. ... PETITIONER (BY SRI SANJEEV B.L., ADVOCATE) AND:
1. THE BENGALURU DEVELOPMENT AUTHORITY CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU – 560 020 REPRESENTED BY ITS COMMISSIONER.
2. *SRI KEMPAIAH N S/O NARASIMAHAIH, NO.5/5, GAVIGANGADARESHWARA CIRCLE, K.G.NAGAR, R.K.MATT SLUM, BENGALURU – 560 019.
3. SRI JAYARAMA S/O NARASIMHAIAH, NO.5/5, GAVIGANGADARESHWARA CIRCLE, K.G.NAGAR, R.K.MATT SLUM, BENGALURU – 560 019.
4. SRI B.S.VENUGOPAL S/O SRI KEMPAIAH N., R.K.MATT EXTENSION, K.G.NAGAR, BENGALURU – 560 019.
5. SRI RAVINDRA N S/O LATE NANJAIAH, NO.37/3, GANGADHARASWAMY CIRCLE, K.G.NAGAR, BENGALURU – 560 019.
6. SRI SRINIVAS S/O LATE MUNISWAMY NAIDU, AGED ABOUT 65 YEARS, SRI BET NARAYANSWAMY MUTT, SY.NO.69, GAVIPURAM, KEMPEGOWDA NAGAR, BENGALURU – 560 019.
7. SMT.HAMSA W/O SRI SRINIVASA, AGED ABOUT 52 YEARS, SRI BET NARAYANSWAMY MUTT, SY.NO.69, GAVIPURAM, KEMPEGOWDA NAGAR, BENGALURU – 560 019. ... RESPONDENTS (BY SRI I.G.GACHCHINAMATH, ADVOCATE FOR R1 SRI M.R.RAJAGOPAL, ADVOCATE FOR R2 TO R7) ***** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT, PROHIBIT THE RESPONDENT FROM REGULARIZING ANY ENROACHMENTS IN THE SCHEDULE PROPERTY.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The learned counsel for the petitioner submits that the petitioner restricts his prayer to consider his representation dated 18.10.2012, vide Annexure-C.
2. The learned counsel for the Respondent – Bengaluru Development Authority submits that if a reasonable time is granted, the same will be considered and disposed off, in accordance with law.
3. In view of the submission made, the writ petition is disposed off. The respondent – Bengaluru Development Authority is directed to consider the representation dated 18.10.2012, vide Annexure-C and pass appropriate orders in accordance with law, within a period of six months from the date of receipt of a copy of this order.
4. The petitioner is also permitted to make an additional representation, submit all documents, photos, CDs, etc.
SD/- JUDGE JJ