IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.52599 OF 2018 (BDA) BETWEEN Sri. N. R. Venkatesh S/o N. Ramakrishnappa, Aged about 49 years, R/at No.407, 3rd A Cross, Health Layout, Annapoorneshwari Nagara, Bengaluru – 560 097. .. Petitioner (By Sri. Sundareshan H.C., Advocate) AND The Commissioner Bangalore Development Authority, T. Chowdaiah Road, Kumara Park West, Bengaluru – 560 020. … Respondent [By Sri.K.Krishna, Sr. Standing Counsel] This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the respondent to consider the application filed by the petitioner dated 02.08.2017 as per Annexure-E for allotment of a site bearing No.363, measuring 50 x 80 sq. ft. situated at 5th Block, Arkavathi Layout, which was cancelled for allotment in favour of erstwhile land owners and etc.
This Writ Petition coming on for Preliminary Hearing this day, the Court made the following:-
ORDER The petitioner, a disappointed allottee of the sites by the Respondent-BDA has a short grievance that his representation for allotment of an alternative site remains unconsidered, there being no justification for the same.
2. The learned Senior Panel Counsel Sri.K.Krishna having appeared for the Respondent-BDA submits that the representation of the petitioner would be considered in accordance with law if a reasonable period is prescribed by this Court for such consideration. In view of the said submission, nothing much remains for adjudication on merits.
3. In the light of the fair stand of the Respondent- BDA, this Writ Petition succeeds in part; a Writ of Mandamus issues to the Respondent-BDA to consider the petitioner’s representation dated 02.08.2017 at Annexure-E keeping in view the non-official note (Tippani) at Annexure-F and also the CD Report made by the Assistant Executive Engineer of the Respondent-BDA at Annexure-G, within a period of three months and further to inform the result of such consideration to the petitioner forthwith.
4. It is open to the Respondent-BDA to solicit or seek any information or documents from the side of the petitioner as are necessary for due consideration of the said representation. However, no delay would be brooked in the guise of any such information being sought for.
No costs.
Sd/- JUDGE KPS