IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S. DIXIT WRIT PETITION No.10241/2017 (BDA) BETWEEN:
Sri H.V. Krishna Murthy, Aged about 67 years, S/o Late Sri K. Venkatappa, R/A No. 182, C.H.B.S., First Layout, Second Cross, Govindarajanagara, Vijayanagara, Bengaluru-560 040.
(By Sri G. Papi Reddy, Advocate) AND:
1. The State of Karnataka, Department of Housing and Urban Development, Multistoreyed Buildings, Dr. Ambedkar Veedhi, Bengaluru-560001, By its Principal Secretary.
2. The Bengaluru Development Authority, Chowdaiah Road, Kumara Park West, Bengaluru-560 020, Represented by its Commissioner.
3. The Deputy Secretary-III, Bengaluru Development Authority, Chowdaiah Road, … PETITIONER Kumara Park West, Bengaluru-560 020.
(By Sri Dildar Shiralli, HCGP for R-1, Sri Sachin B.S., Advocate for R-3) … … RESPONDENTS This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to issue a writ of mandamus directing the respondents to allot the residential site No.SH-217 measuring 30 ft x 40 ft (9 x 12 meters) situated in Arkavathy Layout, 3rd Block, Sy.No.31 of Sampigehalli in favour of the petitioner as per his written representation dated 6.1.2017, Annexure-L.
This Writ Petition coming on for Preliminary Hearing this day, Court made the following:-
ORDER The short grievance of the petitioner is against non- consideration of the prayer for allotment of an alternate BDA site despite two allotments serially earlier made have been rescinded, unjustifiably and because of the mistake attributable to the respondent-BDA and its officials.
2. The learned Panel Counsel having appeared for the respondents 2 & 3 and also having filed a Statement of Objections resisting the petition fairly submits that the matter lies in a very narrow compass and that the same can be disposed off with an arrangement whereunder the said respondents shall make available a site in the Arkavathy Layout to be chosen by the petitioner from the pool of available sites which he would be apprised of in writing, and thereupon the conveyance accordingly would be executed and registered in a time bound manner, subject to the conditions admissible in law.
3. To the above fair offer coming as it is from the side of the respondents 2 & 3 through their panel counsel, the learned advocate for the petitioner with equal fairness is agreeable so that this litigation would find a happy terminal point subject to the rider that no unreasonable delay should be brooked in the office procedure and that he should not be made to approach the Court again.
4. In the above circumstances, this writ petition is disposed off specifying the time and stage schedule of the arrangement aforesaid, as under:
(i) the respondents 2 & 3 shall furnish to the petitioner within two weeks a list of sites readily available in the Arkavathy Layout, Bengaluru;
(ii) thereafter the petitioner shall exercise his option/choice of the site from the above list within two weeks and indicate the same to the said respondents in writing; and (iii) thereupon, i.e., within four weeks of the written indication as aforesaid, the respondents 2 and 3 shall execute and register a regular conveyance subject to the usual conditions admissible in law.
The respondents 2 & 3 shall file the Compliance Report in the Registry of this Court, on or before 12th of April, 2019.
It is needless to mention that the non-compliance of this order by the respondents 2 & 3 or the violation of the above schedule shall be viewed seriously.
A carbon copy of this order shall be made available forthwith, to the learned Panel Counsel for the respondents 2 & 3, if so requested.
Sd/- JUDGE Nsu/-