IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION Nos.38636-38656 OF 2017 (BDA) BETWEEN:
1. Sri Naganathan, S/o Sri. Late Kayampu, Aged about 49 years, C/o Haroon Ali, No.2 BM Layout, Venkateshapuram, Arebik College Post, Bengaluru – 560 045.
2. Smt. Nirmala S., W/o Sri. Anthony Ragaj, Aged about 40 years, No.19/2, 2nd Cross, Hennur Main Road, Lingarajapuram, Bengaluru – 560 084.
3. Smt. Arockia Rani A., W/o. Sri. L. Maria Looyees, Aged about 47 years, #8, Corporation Colony, Yarrappa Garden, Austin Town, Bengaluru – 560 047.
4. Smt. Nagasudha K M., W/o K.H. Manjunath, Aged about 38 years, No.20/3, 1st Floor, Nanjegowda Road, Susheela Main Road, Doddamavalli, Bengaluru – 560 004.
5. Smt. Shanthamma G., W/o. Sri. Kuttian Pillai, Aged about 60 years, No.80, Muniyappa Garden, Ramaswamypalya, Bengaluru – 560 033.
6. Sri. Prakash H L., S/o Late H. Looyees, Aged about 41 years, Instant Jesus Church, Vivekanagara, Bengaluru – 560 047.
7. Smt. Gayathri S., W/o Sri. J.V. Arun, Aged about 36l years, No.39, Rudrappa Garden, Vivekanagara, Bengaluru – 560 07.
8. Sri. Gopalakrishna D., S/o Sri. Late Doreswami, Aged about 39 years, No.69, 6th Cross, Lakshmipuram, Bharathinagara, Bengaluru – 560 008.
9. Smt. Mary Bhuvana, W/o Sri. Xavier Abnijar, Aged about 39 years, No.506, B – Cross, Periyarnagara, Devarajeevanahalli, Bengaluru – 560 005.
10. Smt. Ammu, W/o Late Thangappan, Aged about 68 years, No.321, 10th Cross, Bharath Matha Layout, Venkateshanagara, Bengaluru – 560 045.
11. Smt. Lakshmi G., W/o Late Govindan, Aged about 57 years, No.47, Sadashiva Road, Bharatheeyar Street, Ramaswamypalya, Bengaluru – 560 033.
12. Sri. K. Karuna Murthy, S/o Sri. P. Jayagopalan, Aged about 47 years, No.530/1, 8th Cross, Periyarnagara, Devarajeevanahalli, Bengaluru – 560 005.
13. Sri. Rajendran G., S/o Late V Govindaraju Naidu, Aged about 46 years, No.64/1, 6th Cross, Railway Parallel Road, Ambedkarnagar, Yeshwanthapura, Bengaluru – 560 022.
14. Smt. Mary Prema, W/o John Bosco, Aged about 51 years, No.2083/A, Setpalya, Oil Mill Road, Bengaluru – 560 084.
15. Sri. A Josephine Mary, W/o B Suresh, Aged about 48 years, No.11, G, 3rd Stage, 1st Cross, Jogupalya, Halasuru, Bengaluru – 560 008.
16. Smt. M. Mary Sheela, W/o M Larance, Aged about 45 years, No.507, 6th Main, Anandapuram, Jeevanbheemanagar, H.A.L., Bengaluru – 560 017.
17. Smt. Renni Jeffrio, W/o Victor Andro, Aged about 32 years, No.7/22, 3rd Cross, Lingarajpura, Bengaluru – 560 084.
18. Smt. A. Arockia Rani, W/o Late Anthony Das, Aged about 67 years, No.5, Taransingh Lane, Jayamahal, Bengaluru – 560 052.
19. Sri. M Krishna, S/o Late Muniswamy, Aged about 53 years, No.1673/3, Sri Ram Temple Swamy, Venkateshapuram, Arabic College Post, Bengaluru – 560 045.
20. Smt. Sonia Lawrence, W/o Sri. Lawrence, Aged about 39 years, No.185, Setpalya, Oil Mill Road, Bengaluru – 560 084.
21. Smt. Jayanthi, W/o Sri. Subramani, Aged about 40 years, No.372(322), 6th Cross, Veebhoothipuram, Marathahalli, Bengaluru – 560 037. ... Petitioners (By Sri. H.T.Vasanth Kumar, Advocate) And:
1. The State of Karnataka, Housing and Urban Development, Vikasa Soudha, 4th Floor, Ambedkar Veedhi, Bengaluru – 560 001. Represented by its Principal Secretary.
2. The Bangalore Development Authority, No.1, T. Chowdaiah Road, Kumar Park West, Bengaluru – 560 020.
Represented by its Commissioner.
3. The Secretary, Bangalore Development Authority, No.1, T. Chowdaiah Road, Kumara Park West, Bengaluru – 560 020. ... Respondents (By Sri.Dildar Shiralli, HCGP for R1; Sri. Sachin B S., Advocate for R2) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to direct the R-2 & 3 to issue allotment letter as per list vide Annexure - G, dated.31.12.2013 and etc., These Writ Petitions coming on for Orders this day, the Court made the following:
ORDER Learned counsel for the petitioners submits and learned HCGP appearing for the respondent as also learned panel counsel appearing for respondent Nos.2 and 3 do not dispute that in identical fact matrix in cognate Writ Petition Nos.54471-54492/2015(BDA) and Co-Ordinate Bench of this Court, vide judgment dated 23.03.2017, a copy whereof is at Annexure-L, has granted limited relief to the petitioners therein and therefore, the petitioners herein being similarly circumstanced need to be granted the same relief.
2. The request of the petitioners, as contained in the representation dated 15.09.2015 at Annexure-K, is for the issuance of Hakku pathra in terms of direction of the Principal Secretary, Department of Housing and Urban Development, dated 25.05.2015 at Annexure-J. There is no reason for keeping the said request unconsidered indefinitely. Learned panel counsel for respondent Nos.2 and 3 agree to consider petitioners representation, without brooking any delay.
3. In the above circumstances, this writ petition succeeds; a Writ of Mandamus issues to the respondent nos.2 and 3 to consider petitioners representation dated 15.09.2015 at Annexure-K in terms of Principal Secretary’s letter dated 25.05.2015 at Annexure-J within a period of three months and further, each of the petitioners shall be made known the result of such consideration, forthwith.
4. It is open to the answering respondents to solicit any information or copies of the documents from the side of petitioners, as are required for due consideration of above representations, subject to the rider that, no delay shall be brooked in the guise of such solicitation.
Sd/- JUDGE DS/-