IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19th DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.9708/2018 (BDA) BETWEEN Sri. J. G. Krishnamurthy S/o Giddegowda Aged about 60 years Kaslebailu, Gonibeedu Post Mudigere Taluk Chikkamagalur District – 577 132.
(By Sri. Sathish, Advocate for Sri. K. V. Narasimhan, Advocate) AND 1. Bangalore Development Authority By its Commissioner Kumara Park West T. Chowdaiah Road Bangalore – 560 020.
2. Bruhath Bangalore Mahanagara Palike By its Commissioner N.R. Square Bangalore – 560 001.
... Petitioner ….. Respondents This writ petition is filed under Articles 226 and 227 of Constitution of India, praying to direct the respondent No.1 to consider the representation of the petitioner at Annexure-F and G dated 22.09.2017 and 29.01.2018 and allot him an alternate site as prayed in the said representations and etc.
This writ petition coming on for Orders this day, the Court made the following:
ORDER The short grievance of the petitioner is against non- consideration of his representations dated 22.09.2017 and 29.01.2018 at Annexures-F and G respectively, wherein he has sought for grant of an alternative site on the ground that the one already allotted to him is unworthy of development.
2. Learned counsel for respondent No.1-BDA having opposed the writ petition for some time, now fairly submits that there is no difficulty for consideration of the representations in accordance with law, if petitioner also co- operates by furnishing the necessary information or documents as are required for due consideration.
3. In view of the above, this writ petition succeeds in part; a Writ of Mandamus issues to the respondent-BDA to consider petitioner’s representations dated 22.09.2017 and 29.01.2018 at Annexures-F and G respectively, within a period of three months in accordance with law and further to inform the petitioner the result of such consideration forthwith.
In view of disposal of writ petition, I.A.No.1/2018 does not survive for consideration.
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JUDGE SN