IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI WRIT PETITION No.26260 OF 2017 (BDA) & WRIT PETITION No.29411/2017 BETWEEN:
1. SRI.T.JOHN MATHEWS S/O. LATE K.V.JOHN PRESENTLY AGED ABOUT 82 YEARS R/AT NO.2720/1, NEW THIPPASANDRA POST BANGALORE-560 075 2. DR.JACOB MATHEWS S/O.T.JOHN MATHEWS PRESENTLY AGED 49 YEARS R/AT DOCTORS QUARTER NO. Q1 BANGALORE BAPTIST HOSPITAL BELLARY ROAD, HEBBAL BANGALORE-560 024 (BY SRI.T.SHESHAGIRI RAO, ADV.) AND:
1. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST BANGALORE-560 020 2. SRI.P.M.GEORGE KUTTY S/O.LATE MATHEWS AGED ABOUT 77 YEARS R/AT NO.2720, NEW THIPPASANDRA POST BANGALORE-560 075 … PETITIONERS 3. SRI.JERRY GEORGE S/O.P.M.GEORGE KUTTY AGED ABOUT 45 YEARS WORKING AS PRINCIPAL OF CLEARANCE HIGH SCHOOL R/AT CLEARENCE HIGH SCHOOL CAMPUS, RICHARDS TOWN BANGALORE-560 005 (BY SRI.BIPIN HEGDE, ADV. FOR R-1 ... RESPONDENTS SRI.A.NANCY PRINCE & SAYIDA MOMEEN FOR R2 & R3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT R-1 TO EXECUTE THE ABSOLUTE SALE DEED FAVOUR OF PETITIONERS IN RESPECT OF THEIR BIFURCATED PORTION OF PROPERTY I.E., SCHEDULE PROPERTY IN TERMS OF THE REPRESENTATION DTD: 31.03.2017 WHICH WAS SUBMITTED TO THE R-1 ON 01.04.2017 AT ANNEX-P AND ETC.
THESE PETITIONS ARE COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In the instant petitions, petitioners have sought for the following relief:
a. Issue a writ of mandamus or any other direction or order directing the respondent No.1 to execute the absolute sale deed in favour of petitioners in respect of their bifurcated portion of property i.e., schedule property, in terms of the representation dated 31.3.2017 which was submitted to the respondent No.1 on 01.04.2017 found at Annexure-P to the writ petition.
2. BDA – concerned respondent is yet to address the grievance of the petitioner in passing suitable speaking order. Time and again Courts have held that whenever any application/representation is made by a person, concerned competent authority is required to pass an order either accepting the grievance of the petitioner or rejecting by passing a speaking order.
3. Learned counsel for the respondents on instructions submitted that notice has been issued to the petitioners asking certain information to be furnished for the purpose of petitioners’ grievance. In that event, petitioners are permitted to comply the directions, if any, within a period of three weeks. Thereafter, 1st respondent - Commissioner is hereby directed to complete the process and pass speaking order ‘whether petitioners are entitled to relief sought for in the representation r/w the prayer made in the present petition. Such exercise shall be completed within a period of eight weeks from the date of receipt of this order.
Accordingly, writ petitions are disposed of.
Sd/- JUDGE BS