IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.50824/2019 (BDA) BETWEEN:
SRI CHANDRASHEKAR R., S/O LATE RAMRAO AGED ABOUT 56 YEARS R/AT MALLATHALLI VILLAGE YASHAWANTHAPURA HOBLI BANGALORE NORTH TALUK BENGALURU-560056 ... PETITIONER [BY SRI Y.D.SHIVASHANKARA, ADV.] AND:
1 . STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT VIKASA SOUDHA, BENGALURU-560001 2 . THE BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU-560003 REP BY ITS COMMISSIONER 3 . THE ASSISTANT EXECUTIVE ENGINEER WEST DIVISION BANGALORE DEVELOPMENT AUTHORITY BANGALORE-560040 …RESPONDENTS [BY SRI NITHYANANDA K.R., HCGP FOR R-1; SMT.M.R.VANAJA, ADV. FOR R-2 & R-3.] THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 AND 3 TO CONSIDER THE REPRESENTATION OF THE PETITIONER VIDE ANNEXURE-F DATED 03.11.2015 AND ANNEXURE-J DATED 25.03.2019.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has sought for a direction to respondent Nos.2 and 3 to consider the representation of the petitioner dated 03.11.2015 and 25.03.2019 at Annexures – F and J respectively.
2. The petitioner claims to be the absolute owner of the land bearing Sy.No.95/10, measuring 0.16 guntas situated at Mallathalli Village, Yashwanthpura Hobli, Bangalore North Taluk. It is contended that the petitioner’s father had applied for conversion of the aforesaid land for the purpose of formation of residential layout and accordingly, the Deputy Commissioner, Bangalore District had issued Official Memorandum on 29.01.2003.
3. It is the grievance of the petitioner that respondent No.2 – BDA has encroached 0.04 guntas of the petitioner’s land in Sy.No.95/10 and formed road connecting to 9th Block, Sir. M. Vishveshwaraiah Layout sans paying any compensation. It is the grievance of the petitioner that the representation submitted to the BDA in this regard has remained unconsidered. Hence, this writ petition.
4. Having regard to the facts and circumstances of the case, this Court is of the considered view that the interest of justice would be sub-served in directing respondent Nos.2 and 3 to consider the representation of the petitioner dated 03.11.2015 and 25.03.2019 at Annexures – F and J respectively in accordance with law and take a decision in an expedite manner, in any event, not later than eight weeks from the date of receipt of certified copy of the order. Ordered accordingly.
Writ petition stands disposed of in terms of the above.
Sd/- JUDGE PMR