IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 26TH DAY OF APRIL, 2017 BEFORE THE HON’BLE MR.JUSTICE RAVI MALIMATH WRIT PETITION NO.17546 OF 2017 (BDA) BETWEEN:
SRI N K SHASHIDHAR AGED ABOUT 70 YEARS S/O LATE N S KRISHNAIAH SETTY INDIAN OVERSEAS GRANITES NO.163/2, 1ST MAIN ROAD OPP. INDIAN OIL PETROL BUNK SESHADRIPURAM BANGALORE-560 020. ... PETITIONER (BY SRI NAVEED AHMED, ADVOCATE FOR SRI MANJUNATHA V RAYAPPA, ADVOCATE) AND:
BANGALORE DEVELOPMENT AUTHORITY SANKEY ROAD KUMARA PARK WEST BANGALORE-560 020.
REP. BY ITS COMMISSIONER. ... RESPONDENT (BY SRI H VENKATESH DODDERI, AGA) ******* THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT BDA NOT TO REGISTER PROPERTY BEARING NO.24, FORMED BY THE CITB AT INDUSTRIAL SUBURB, 2ND STAGE, YESHWANTHPUR, TUMKUR ROAD, BANGALORE MEASURING TO AN EXTENT 10,955 SQUARE YARDS IN FAVOUR OF ANY BODY PENDING DISPOSAL OF THE SUIT IN O.S.NO.8703/2012 ON THE FILE OF XX ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE ALTERNATIVELY.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: -
ORDER The learned Additional Government Advocate takes notice for the respondent.
2. The learned counsel for the petitioner submits that he does not press the first prayer. His second prayer is for a writ of mandamus to direct the respondent to consider the representation dated 18.03.2017 vide Annexure – G.
3. The representation is dated 18.03.2017, it is needless to state that some breathing time is required for the respondent – authority to consider the same. Within three months from the date of filing the application, no writ of mandamus would lie. Hence, the writ petition being premature is rejected.
4. The learned Additional Government Advocate is permitted to file memo of appearance within four weeks.
SD/- JUDGE NG* CT: SG