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.48065 OF 2018 (BDA) BETWEEN Sri. S. Nagaraj S/o. Late. T. N. Srikantegowda, Aged about 51 years, R/at No.2043, 1st Main, R.P.C. Layout, Vijayanagar, Bengaluru – 560040. .. Petitioner (By Sri.Shivashankara Y.D., Advocate) AND The Commissioner Bangalore Development Authority, T. Chowdaiah Road, Kumarapark 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 representation filed by the petitioner dated 05.09.2018 as per Annexure-K for providing alternative site of equal dimension in the same Layout in lieu of site bearing No.452 measuring 9 x 12 mtrs. situated at 15th Block, Arkavathi Layout, Bengaluru.
This Writ Petition coming on for Preliminary Hearing this day, the Court made the following:-
ORDER The Petitioner, an allottee of BDA site is before this Court grieving that the site that has been allotted in his favour has already been allotted to one Sri.Kempanna vide registered Sale Deed dated 10.07.2017 and his representation for allotment of an alternate site has not been considered, there being no justification whatsoever for such non- consideration.
2. On request, the learned Senior Panel Counsel for the respondent-BDA Sri.K.Krishna having accepted the notice submits that prima facie petitioner’s representation appears to be meritorious, subject to verification of other credentials by the concerned authorities and therefore, if a reasonable period is prescribed by this Court, there would be no much difficulty in considering his s request for grant of an alternate site. The fairness in the stand of respondent-BDA 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 petitioner’s representation dated 05.09.2018 at Annexure-K in accordance with law, 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 unnecessarily seeking any such information.
No costs.
Sd/- JUDGE KPS