IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.42008 OF 2018 (LA-BDA) BETWEEN:
THIMMARAYA GOWDA S/O LATE CHANNATHIMAIAH AGED ABOUT 63 YEARS R/AT NO.15, 5TH MAIN JNANA JYOTHI NAGAR BEHIND, S.V.K. KALYANA MANTAPA BANGALORE-560056.
(BY MR. SHARATH S. GOWDA, ADV.) AND:
1. STATE OF KARNATAKA BY ITS ADDL CHIEF SECRETARY DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA, BENGALURU-560001.
2. THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU-560020.
3. THE DEPUTY COMMISSIONER (L.A) BENGALURU DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU-560020.
4. THE SPECIAL LAND ACQUISITION OFFICER BENGALURU DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD … PETITIONER KUMARA PARK WEST BENGALURU-560020.
… RESPONDENTS (BY MR. C.R. GOPALASWAMY, ADV., FOR R2 TO R4 MR. E.S. INDIRESH, AGA FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT AUTHORITIES TO CONSIDER THE REPRESENSTATION DATED 28.07.2018 GIVEN BY THE PETITIONER VIDE ANNX-A. DIRECT THE RESPONDENT AUTHORITIES TO ALLOT ALTERNATIVE SITE IN ANY OTHER LAYOUT FORMED BY THE BDA, IN LIEU OF UTILIZATION OF PETITIONER'S SITE & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Sharath S.Gowda, learned counsel for the petitioner.
Mr.C.R.Gopalaswamy, learned counsel for respondent Nos.2 to 4.
The writ petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
2. In this petition, the petitioner inter alia seeks a direction to the respondent to consider the representation dated 28.07.2018 at Annexure-A submitted by the petitioner.
3. When the matter was taken up today, learned counsel for the petitioner submitted that the representation submitted by him shall be considered. On the other hand, learned counsel for the respondent submitted that the same shall be dealt with in accordance with law if not already decided.
4. In view of the submissions made and in the facts of the case, I deem it appropriate to dispose of the writ petition with a direction to the competent authority to decide the representation submitted by the petitioner, if not already decided in accordance with law by a speaking order within two months from the date of receipt of certified copy of the order passed today. It is made clear that this Court has not expressed any opinion on the merits.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS