IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 27TH DAY OF APRIL, 2017 BEFORE THE HON'BLE MR.JUSTICE RAVI MALIMATH WRIT PETITION NO.16487 OF 2017(LA-BDA) BETWEEN:
SRI KUNHIRAMAN CHERUKAI, S/O LATE VELUTHAMBADI, EDAYIL PURAYIL, AGED ABOUT 70 YEARS, RESIDING AT MUSSAFAH, P.O. BOX No.9118, ABU DHABI, U.A.E.
PERMANENTLY RESIDING AT SOUMYA KUSHAL NAGARA, KANHANGAD, KASARGOD DISTRICT, KERALA, REPRESENTED BY HIS GPA HOLDER, SRI AJITH SANKAR PETITIONER (BY SRI J.N. NAVEEN, ADVOCATE FOR SRI A. NAGARAJAPPA, ADVOCATE) AND 1. THE BENGALURU DEVELOPMENT AUTHORITY, CHOWDAIAH ROAD, K.P. (WEST) BENGALURU – 560 020 REPRESENTED BY ITS COMMISSIONER.
2. THE ADDL. LAND ACQUISITION OFFICER, BENGALURU DEVELOPMENT AUTHORITY, CHOWDAIAH ROAD, K.P. (WEST), BENGALURU – 560 020. RESPONDENTS (SRI VIKRAM A. HUILGOL, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT – BDA AUTHORITIES TO STRICTLY FOLLOW THE PRINCIPLE LAID DOWN IN BANDU RAMASWAMY’S CASE, REPORTED IN 2010(7) SC PAGE No.129 AS PER HIS REPRESENTATION DATED 31.03.2017 PRODUCED AT ANNEXURE ‘E’ TO THE WRIT PETITION AND PASS APPROPRIATE ORDER IN DROPPING THE ACQUISITION OF PETITIONER’S LAND FOR THE PURPOSES OF ARKAVATHI LAYOUT.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Vikram A. Huilgol, the learned counsel, takes notice for both the respondents.
2. The petitioner seeks for a writ of mandamus to direct the respondent – Bengaluru Development Authority (BDA) to consider the representation dated 31.03.2017, vide Annexure ‘E’.
3. The learned counsel appearing for the respondents submits that if a reasonable time is granted, the same will be considered in accordance with law.
4. In view of the submission made, the writ petition is disposed off. The respondent No.2 is directed to consider the representation dated 31.03.2017, vide Annexure-E and pass appropriate orders in accordance with law, within a period of three months from the date of receipt of a copy of this order.
Sd/- JUDGE sma