IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA WRIT PETITION NO.27605 OF 2019 (BDA) BETWEEN SRI H MUNIRAJU S/O VENKATESHAPPA AGED ABOUT 65 YEARS R/A NO.8, 1ST CROSS 1ST MAIN, GANGANAGARA BENGALURU-560 032 ... PETITIONER (By Sri H M PRAKASH, ADVOCATE) AND THE BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU-560 020 REPTD. BY ITS COMMISSIONER ... RESPONDENT (By Sri C RAMAKRISHNA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT-AUTHORITY TO CONSIDER THE REPRESENTATION DTD:22.5.2018 VIDE ANNEXURE- F.
THIS WRIT PETITION COMING ON FOR PRILIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner has sought for a writ in the nature of mandamus directing the respondent–Authority to consider the representation dated 22.05.2018 at Annexure ‘F’ to the writ petition.
2. The petitioner is claiming to be an allottee of the Site bearing No.1010 measuring 9 meters x 12 meters situated at 7th Block, Arkavathi Layout formed in Sy.No.76/1 of Jakkur Village, Bengaluru. It is submitted that after the entire payment of the sital value, the respondent–Authority has executed a Lease-cum-Sale Deed on 01.02.2008 in favour of the petitioner and also the petitioner has put in possession by issuing Possession Certificate dated 06.02.2008. The petitioner has paid the revenue tax to the respondent-Authority.
3. It is the grievance of the petitioner that after coming to know that the allotted site is under litigation, representation made before the respondent-Authority to execute the absolute Sale Deed or to allot an alternative site in lieu of Site No.1010, no action has been taken. Hence, the present writ petition.
4. Learned counsel for the respondent fairly and rightly submits that the respondent-Authority shall consider the representation submitted by the petitioner dated 22.05.2018, in accordance with law.
5. In view of the above, this Court is of the opinion that the interest of justice would be sub-served in directing the respondent – authority to consider the representation of the petitioner at Annexure ‘F’ 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 the certified copy of this order.
6. With the aforesaid observations and directions, writ petition stands disposed of.
cp* Sd/- JUDGE