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.13725 OF 2017 (BDA) BETWEEN Sri. R.G.Nagaraja S/o. R.S. Gangadharaiah, Aged about 63 years, Residing at No.87, 1st Main Road, 2nd Block, II Stage, Nagarbhavi, Bengaluru-72. .. Petitioner (By Sri. Sampath Bapat., Advocate) AND Bangalore Development Authority No.7, T. Chowdaiah Road, Kumara Park West, Bengaluru – 560 020.
Rep. by its Commissioner … 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 allot in alternative site of a dimension measuring 30 x 40 in the layout Sir. M. Vishweshwariah Layout formed by the R-1.
This Writ Petition coming on for Preliminary Hearing this day, the Court made the following:-
ORDER The petitioner a land loser in acquisition is before this Court grieving against non-consideration of his representation at Annexure-E in a prescribed format, wherein, he has sought for the allotment of an alternate site on the principles laid down by this Court in the case of Smt.Junjamma and others vs. The Bangalore Development Authority reported in ILR 2005 KAR 608.
2. The learned Senior Panel Counsel for the Respondent-BDA Sri. K.Krishna on request having appeared in the matter submits that if a reasonable period is granted, there would be no difficulty in considering petitioner’s representation in accordance with law. The fairness of the learned Senior Panel Counsel is placed on record.
3. In view of the above, this Writ Petition succeeds in part; a Writ of Mandamus issues to the Respondent-BDA to consider the petitioner’s representation/application dated 24.12.2014 at Annexure-E to the Writ Petition, within a period of three months in accordance with law, and further to inform the petitioner the result of such consideration forthwith.
4. It is open to the Respondent-BDA to call for any documents/information from the petitioner as are required for due consideration of the said representation.
No costs.
Sd/- JUDGE KPS