IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S. DIXIT WRIT PETITION No.52718/2017 (BDA) Between:
Sri. Krishnamurthy J.S., S/o. Late Subramanyam, Aged about 60 years, No.22, Railway Parallel Road, Nehrunagara, Bengaluru – 560 020. ... Petitioner (By Sri. H.T. Vasanth Kumar, Advocate) And The Bengaluru Development Authority, T. Chowdaiah Road, Kumarapark West, Bengaluru – 560 020.
Reptd., by its Commissioner. ... Respondent (By Sri. Keshav R Agnihotri, Advocate) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the respondent to consider the representation dated 16.10.2007 of the petitioner at Annexure-K.
This Writ Petition is coming on for Preliminary Hearing in ‘B’ Group this day, the Court made the following:
ORDER The short grievance of the petitioner-the land loser in acquisition is against the non-consideration of his representation dated 16.10.2007, a copy whereof is at Annexure-K, wherein he has sought for the allotment of an alternative site on the alleged ground that his has been taken away in the acquisition for formation of Anjanapura Layout, Bengaluru.
2. The learned counsel for the petitioner in support of his contention banks upon a decision of the Division Bench of this Court in the case of JUNJAMMA AND OTHERS vs. THE BANGALORE DEVELOPMENT AUTHORITY AND OTHERS reported in ILR 2005 KAR 608. The learned panel counsel appearing for respondent-BDA submits that the grievance of the petitioner would be looked into if a reasonable period is prescribed by this Court.
3. In the above circumstances, this writ petition succeeds in part; a Writ of Mandamus issues directing the respondent to consider petitioner’s representation dated 16.10.2007 at Annexure-K in terms of Junjamma Case, within a period of three months, and further to inform the petitioner result of such consideration, forthwith.
It is open to the respondent-BDA to solicit any information or documents from the side of the petitioner as are required for due consideration of the said representation. However, subject to the rider that in the guise of such solicitation, no delay shall be brooked.
Sd/- JUDGE RB