IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 30TH DAY OF MARCH, 2017 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH WRIT PETITION NO.13671 OF 2016(LA-BDA) BETWEEN:
SRI T.GANGAIAH S/O THIMMAIAH, AGED ABOUT 75 YEARS, RESIDING AT BHEEMANAKUPPE VILLAGE, RAMOHALLI POST, KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU – 560 060. ... PETITIONER (BY SRI PANCHAM, ADVOCATE FOR SRI NAGAIAH, ADVOCATE) AND:
1. THE STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, M.S.BUILDING, DR.AMBEDKAR VEEDHI, BENGALURU – 560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
2. THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY, KUMARA PARK WEST, SANKEY ROAD, BENGALURU – 560 020.
3. THE ADDL.LAND ACQUISITION OFFICER BENGALURU DEVELOPMENT AUTHORITY, KUMARA PARK WEST, SANKEY ROAD, BENGALURU – 560 020. ... RESPONDENTS (BY SMT.SHWETA KRISHNAPPA, HCGP FOR R1 SRI K.LOKANATH, ADVOCATE FOR R2 & R3) ***** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PASS ANY OTHER APPROPRIATE ORDER AND TO ISSUE NO DUE CERTIFICATE IN FAVOUR OF THE PETITIONER IN RESPECT OF THE LAND IN SY.NO.95/1 MEASURING 1.0 ACRE 23.0 GUNTAS AS THE SAID PROPERTY IS WITHDRAWN FROM THE ACQUISITION PROCEEDINGS IN FAVOUR OF THE NADAPRABHU KEMPEGOWDA LAYOUT.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner seeks for a writ of mandamus to direct the respondent no.2 to consider the representation dated 09.05.2014 and 28.11.2014, vide Annexures-D and E, respectively.
2. The learned counsel appearing for the respondent no.2 submits that if a reasonable time is granted, the same will be considered in accordance with Law.
3. In view of the submission made, the writ petition is disposed off. The respondent no.2 is directed to consider the representation dated 09.05.2014 and 28.11.2014, vide Annexures - D and E, respectively and pass appropriate orders therein in accordance with Law, within a period of six months from the date of receipt of a copy of this order.
SD/- JUDGE JJ