IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT WRIT PETITION Nos.54089-54100/2017 (BDA) Between:
1. Sri Gajendra.T, S/o Sri Thippanna, Aged about 38 years, R/at No.38, V.H.C.S. Layout, Bommanahalli, Bengaluru-560 038.
2. Sri Vinayaka, S/o Sri Vishvanath Bhatt, Aged about 46 years, R/at No.E-68/3, Bilekahalli, Vijaya Bank Colony, Bengaluru-560 076.
3. Smt. Kenchamma, S/o Sri Lakshman, Aged about45 years, R/at No.422, Near Mazid, Bommanahalli, Bengaluru-560 068.
4. Smt. Deepu Prasad, W/o Sri Rudra Prasad, Aged about 38 years, R/at No.320, 6th Cross, Nrupathunganagar, Kothanoor, Bengaluru South, Bengaluru-560 076.
5. Sri Venkataswamy, S/o Sri Muniyallappa, Aged about 48 years, R/at No.28, 11th Cross, Sarakki Village, Bengaluru-560 078.
6. Smt. Mythri Kiran, S/o Sri Kiran S.K, Aged about 32 years, R/at No.05, 3rd Cross, B.T.M.Layout, Bengaluru South, Bengaluru-560 081.
7. Smt. Sunitha, W/o Sri Nanjappa, Aged about 43 years, R/at No.09, 1st Main, Chocolates Factory Road, Tavarekere, Bengaluru-560 029.
8. Sri Amarnarayana.B.V, S/o Late Venkataramaiah, Aged about 48 years, R/at No.743, Annapoorneshwari Road, Bommanahalli, Bengaluru-560 068.
9. Smt. Ambika, W/o Sri Sampath, Aged about 32 years, R/at No.170, Adigondanahalli, Anekal Taluk, Bengaluru-560 077.
10. Smt. Aruna, W/o Sri Ashwathanarayana Reddy, Aged about 42 years, R/at No.5913, 11th Main Road, Bommanahalli, Virat Nagar, Bengaluru-560 068.
11. Smt. Kantha, W/o Sri Ramakrishna, Aged about 38 years, R/at No.84, Kasavanalli, Charmelram Post, Bengaluru-560 002.
12. Smt. Shaban Taj, W/o Sri Hussain Shareef, Aged about 36 years, R/at No.19/21, 15th Cross, H.S.Manzeel, Mangammanapalya, Bommanahalli, Bengaluru-560 068. ... Petitioners (By Sri. Vasanth Kumar.H.T., Advocate) And 1. The State of Karnataka, Housing and Urban Development, Vikasa Soudha, 4th Floor, Ambedkar Veedhi, Bengaluru-560 001, Reptd. By its Secretary.
2. Bengaluru Development Authority, No.1, T.Chowdiah Road, Kumara Park West, Bengaluru-560 020, Reptd. By its Commissioner.
3. The Secretary, Bengaluru Development Authority, No.1, T.Chowdiah Road, Kumara Park West, Bengaluru-560 020.
4. The Executive Engineer, Bengaluru Development Authority, No.1, T.Chowdiah Road, Kumara Park West, Bengaluru-560 020. ... Respondents (By Sri. Dildar Shiralli, HCGP for R1, Sri K.Krishna, Advocate for R2 to R4) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to direct R-2 to R- 4 to issue allotment letter to the petitioners as per list vide Annexure-G and direct R-2 to R-4 to consider the representation dated 19.01.2016 vide Annexure-P and etc., These Writ Petitions are coming on for Preliminary Hearing ‘B’ Group this day, the Court made the following:
ORDER Sri. Dildar Shiralli, learned High Court Government Pleader accepts notice for respondents.
2. The petitioners are invoking the writ jurisdiction of this Court having a grievance that their representation dated 19.01.2016 at Annexure-P to the writ petition remains unconsidered at the hands of answering respondent Nos.2 and 3 and that there is no justification whatsoever for keeping the said representation unconsidered especially in view of the judgment dated 21.10.2013 made by a Co-ordinate Bench of this Court in similar W.P.Nos.39764-39769/2013 (BDA), a copy whereof is at Annexure-K. Paragraph-3 of the said judgment reads as under:-
“3. The question as to whether the petitioners have really lost their huts or not and the question as to whether the names of the petitioners find place in the list of 139 person is a pure question of fact which has to be gone into by the respondent based on the available records. Petitioners have not produced list of 139 persons and therefore this Court cannot decide on the said issue.
Be that as it may, it is for the respondent-BDA to consider the prayer of the petitioners in the light of the resolution at Annexure-A, dated 6.6/2009 on Subject No.226/2009. Hence, the following order is made:-
The respondent-BDA is directed to consider the request of the petitioners for allotment of sites measuring 20’x30’ pursuant to the resolution at Annexure-A, dated 6.6.2009 on Subject No.226/2009, on merits and in accordance with law, only if their names find place in the list of 139 persons who have lost their huts, as early as possible, but not later than the outer limit of four months from the date of receipt of this order.”
3. Sri. K.Krishna, the learned Senior Panel Counsel for the respondent-BDA, having resisted the writ petitions initially, now submits that if the petitioners confine their case for the consideration of prayer No.2, there would be no difficulty in considering their representation in accordance with law subject to the rider that they too would co-operate in furnishing necessary information or documents as may be required for due consideration thereof. The stand of the respondent-BDA being fair, is placed on record.
4. In view of the above, these writ petitions succeed in part; a Writ of Mandamus issues to the respondent Nos.2 and 3 to consider petitioners representation dated 19.01.2016 at Annexure-P in accordance with law within an outer limit of three months, after giving an opportunity of hearing to the petitioners or their agent and further to make known the result of such consideration to the petitioners individually, forthwith.
5. It is needles to mention that the petitioners shall, on solicitation, furnish all that information or copies of the documents as are required for due consideration of the representation in question. However, in the guise of seeking such information or documents, the answering respondent shall not brook delay.
Sd/- JUDGE RB