IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.No.10478/2018 (BDA) BETWEEN :
SMT.SUJATHA K.S., W/O SRI LAKSHMANA MURTHY, AGED ABOUT 37 YEARS, R/AT NO.1670/50, 6TH MAIN, NEAR POLICE QUARTERS, KENGERI UPANAGARA, BENGALURU-560060 ...PETITIONER (BY SRI ANAND R.B., ADV.) AND :
COMMISSIONER, BENGALURU DEVELOPMENT AUTHORITY, KUKMARA KRUPA EAST, T.CHOWDAIAH ROAD, BENGALURU-560020 …RESPONDENT (BY SRI SACHIN B.S., ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION OF THE PETITIONER AT ANNEXURE-D DATED 24.10.2017 AS EXPEDITIOUSLY WITHIN THE TIME STIPULATED BY THIS HON’BLE COURT.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned counsel Sri. Sachin is permitted to accept notice for the respondent.
2. The petitioner has sought for a writ of mandamus directing the respondent to consider the representation of the petitioner at Annexure-D dated 24.10.2017 in an expedite manner.
3. The petitioner is claiming to be the absolute owner of the property bearing Site No.1670/50, 6th Main, Near Police Quarters, Kengeri Upanagara, Bengaluru, measuring East to West 29 + 27/2 feet and North to South 22 feet totally measuring 616 square feet, a site in the property developed by the respondent, duly purchased from her vendor.
4. It is contended that the petitioner after getting the katha transferred in her name, had obtained the building plan sanctioned and constructed a residential house in the said property. It is the grievance of the petitioner that the representation made by her seeking for allotment of the abutting area towards southern portion of the site in question has not been considered by the respondent authority. Hence, this writ petition.
5. Having regard to the facts and circumstances of the case, this court deems it appropriate to direct the respondent-BDA to consider the representation of the petitioner dated 24.10.2017 at Annexure-D in accordance with law and take a decision in an expedite manner, in any event, not later than eight weeks from the date of receipt of certified copy of the order.
With the aforesaid observations and directions, the writ petition stands disposed of.
Dvr:
Sd/- JUDGE