IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.14732/2019 (BDA) BETWEEN:
SRI V.S.GANAGERE S/O SHIVALINGAPPA AGED ABOUT 66 YEARS R/AT NO.303, D-1, 3RD FLOOR, WHITE HOUSE APARTMENT, 6TH MAIN ROAD, 15TH CROSS, R.T. NAGAR, BENGALURU-560032 ... PETITIONER [BY SRI H.C.SUNDARESH, ADV.] AND:
THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T CHOWDAIAH ROAD, BANGALORE-560020 …RESPONDENT [BY SMT.PUSHPAKANTHA, ADV.] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION FILED BY THE PETITIONER DATED 01.08.2017 AS PER ANNEXURE-J FOR ALLOTMENT OF ALTERNATIVE SITE BEARING NO.364 MEASURING 50 X 80 SQ.FT, SITUATED AT 3RD BLOCK, ARKAVATHI LAYOUT (FORMED IN SY.NO.39/1 OF SAMPIGEHALLI VILLAGE) AS PER THE REPORT SUBMITTED BY THE DEPUTY SECRETARY-I, BDA DATED 01.08.2017 AS PER ANNEXURE-K.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned counsel Smt. Pusphakantha accepts notice for the respondent.
The petitioner has sought for a writ of mandamus directing the respondent to consider the representation filed by the petitioner dated 01.08.2017 as per Annexure – J for allotment of alternative site bearing No.364 measuring 50 x 80 sq. ft. situated at 3rd Block, Arkavathi Layout (formed in Sy.No.39/1 of Sampigehalli Village) as per the report submitted by the Deputy Secretary – I, BDA dated 10.08.2017 as per Annexure – K to the writ petition.
2. It is the contention of the petitioner that the respondent has allotted the site bearing No.203, measuring 50’ x 80’ situated at 8th Block, Arkavathi Layout in favour of the petitioner and the allotment letter has also been issued in his favour. Subsequently, the petitioner has deposited the entire sital value of Rs.7,58,500/- before the respondent. A request was made by the petitioner seeking for an alternative site since the allotted site was under litigation. Hence, the respondent has allotted alternative site bearing No.1503 measuring 50’ x 80’ situated at 9th Block, Arkavathi Layout. Since the said site was also under litigation, the respondent has allotted another site bearing No.3217, measuring 50’ x 80’ situated at 7th Block, Arkavathi Layout and allotment letter was also issued in his favour. Pursuant to which the Lease cum Sale Agreement and sale deed of the site were also executed in favour of the petitioner. Again it was found that the said second allotted site was also under litigation. Another representation was made by the petitioner before the respondent. It is the grievance of the petitioner that the same has not been considered by the respondent despite repeated requests made. Hence, this writ petition.
3. In the circumstances of the case, this Court is of the considered opinion that it is incumbent on the respondent - BDA to consider the representations of the petitioner and to take a decision in accordance with law. Hence, the following ORDER The respondent – BDA is directed to consider the representation of the petitioner dated 01.08.2017 – Annexure – J to the writ petition in accordance with law and take a decision in an expedite manner, in any event, not later than twelve weeks from the date of receipt of certified copy of the order.
With the aforesaid observations and directions, the writ petition stands disposed of.
Sd/- JUDGE PMR