IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.31448 OF 2018 (BDA) BETWEEN:
Sri N.A.Srinivasa S/o N.Anjanappa Aged about 62 years R/at No.W-213 Sector-III, HMT Township HMT Post, Bengaluru-560 031 ... Petitioner (By Sri H.C.Sundaresh, Advocate) AND The Commissioner Bengaluru Development Authority T.Chowdaiah Road Bengaluru – 560 020 ...Respondent (Sri Narendra Gowda, Advocate) This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to set aside the cancellation order dated 15.05.1998 issued by the respondent as per Annexure-D and direct the respondent to consider the representations filed by the petitioner dated 06.10.2014 and 05.04.2016 at Annexure-G and H respectively, to accept the balance sital value with 21% interest and to execute the sale deed in respect of the site allotted pursuant to allotment leter dated 05.01.1998 as per Annexure-A or in alternative if the same site is not available for allotment, issue direction to allot alternate site in favour of the petitioner.
This writ petition coming on for preliminary hearing-B Group this day, the Court made the following:
ORDER The short grievance of the petitioner-an allottee of site in question is against non-consideration of his representations dated 06.10.2014 and 05.04.2016 copies whereof at Annexure-G and H respectively, wherein he has made a request to the respondent-BDA to condone the delay in making payment of site price and thereupon to regularize the allotment of the site in terms of the Circular dated 18.11.2010 and 18.10.2007 respectively at Annexure-F and E.
2. Learned panel counsel for the respondent-BDA having opposed the writ petition, now fairly submits that, there would be no difficulty for the consideration of petitioner’s representations if a reasonable period is prescribed for that purpose. The fairness is placed on record.
3. In the above circumstances, this Writ petition succeeds in part; a Writ of mandamus issues to the respondent-BDA to consider the representations dated 06.10.2014 and 05.04.2016 at Annexure-G and H respectively within a period of three months in accordance with law, and further to make known the result of such consideration, to the petitioner, forthwith.
4. It is open for the respondent-BDA to solicit any information or documents from the side of petitioner as are required for due consideration of the said representations.
No costs.
Kmv Sd/- JUDGE