IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.50009/2019 (BDA) BETWEEN:
Sudarshan Kumar S.S., S/o Late Sanath Kumar, Aged about 54 years, Residing at #126, 13th Main Road, M.C.Layout, Vijayanagar, Bengaluru – 560 040. … Petitioner (By Sri.M.S.Rajendra Prasad, Sr. Counsel for Smt.Shalini S., Adv.) AND:
1. Bangalore Development Authority, T. Chowdaiah Road, Kumara Park West, Bengaluru – 560 020, Represented by its Commissioner.
2. Deputy Secretary – 3, Bangalore Development Authority, T. Chowdaiah Road, Kumara Park West, Bengaluru – 560 020, … Respondents (By Sri. K. Krishna, Adv.) This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondents to consider the representation of the petitioner dated 25.11.2015 as per Annexure A in accordance with law allowing the writ as prayed with cost and etc.
This writ petition coming on for Preliminary Hearing this day, the Court made the following:
O R D E R Learned counsel Sri. K. Krishna accepts notice for respondents.
2. The petitioner has sought for a writ of mandamus directing the respondents to consider the representation dated 25.11.2015 submitted by him as per Annexure-A to the writ petition in accordance with law.
3. The petitioner claiming to be an Ex-service man contends that the letter of allotment was issued by the respondents allotting site No.34 of Arkavathy Layout, Block No.I. Pursuant to the same, petitioner has paid a sum of Rs.2,27,300/- towards sital value. Respondents have issued Possession Certificate and executed lease-cum-sale agreement in respect of the said site in favour of the petitioner. The petitioner has submitted a representation to respondent No.2 seeking an alternative site as the land out of which the site allotted was carved out, is said to have been denotified. It is the grievance of the petitioner that the representation still remain unconsidered. Hence, this writ petition.
4. Having regard to the facts and circumstances of the case, this Court deems it appropriate to direct the Bangalore Development Authority to consider the representation submitted by the petitioner dated 25.11.2015 at Annexure-A and take a decision in accordance with law in an expeditious manner, in any event, not later than eight weeks from the date of receipt of certified copy of this order. Ordered accordingly.
The writ petition stands disposed of in terms of the above.
Sd/- JUDGE MBM