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2025 DAILYLAW 16908 (KAR)

SRI H RAVI v. STATE OF KARNATAKA

WP/4418/2023 · 2025-01-06

M G S Kamal

body2025

Judgment text

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- 1 - NC: 2025:KHC:132 WP No. 4418 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 4418 OF 2023 (BDA) BETWEEN: 1. SRI H RAVI S/O LATE HUCCHEGOWDA AGED ABOUT 38 YEARS RESIDING AT NO 78, 1ST FLOOR, 1ST MAIN ROAD, JARAKANABANDE KAVAL KRISHNANANDA NAGAR POLICE QUARTERS NANDINI LAYOUT BENGALURU -560 096. 2. SRI KUNNEGOWDA S/O LATE JAVAREGOWDA AGED ABOUT 65 YEARS RESIDING AT NO 78, 1ST FLOOR, 1ST MAIN ROAD, JARAKANABANDE KAVAL KRISHNANANDA NAGAR POLICE QUARTERS NANDINI LAYOUT BENGALURU -560 096. 3. SMT UMADEVI D/O LATE SRI MAYANNA AGED ABOUT 43 YEARS RESIDING AT NO. 223 1ST G CROSS ROAD 3RD STAGE, 4TH BLOCK, Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:132 WP No. 4418 of 2023 BASAWESHWARA NAGAR BENGALURU -560 079. …PETITIONERS (BY SRI. AJIT KALYAN.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF HOUSING, VIKASA SOUDHA BENGALURU- 560001. 2. THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY KUMARAPARK WEST CHOWDAIAH ROAD BENGALURU -560020. …RESPONDENTS (BY SRI. HANAMANTHARAYA LAGALI, AGA FOR R1; SRI. K. KRISHNA, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R-2 TO CONSIDER THE PETITIONERS REPRESENTATIONS DATED 01.01.2020 PRODUCED VIDE ANNEXURE-C, D AND E AND CONSEQUENTLY ALLOT THE SITES AS SOUGHT FOR IN FAVOUR OF THE PETITIONERS IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL - 3 - NC: 2025:KHC:132 WP No. 4418 of 2023 ORAL ORDER In this writ petition, petitioners who had originally made application for allotment of sites under 'G' category had earlier approached this Court by filing writ petitions in W.P.Nos.52107- 52109/2017, W.P.No.54118-54123/2017 and 16354- 16357/2017. 2. This Court by order dated 14.06.2017 passed in W.P.Nos.16354-16357/2017 and by order dated 17.01.2018 passed in W.P.Nos.52107-52109/2017 and W.P.Nos.54118- 54123/2017 while taking on record the submission made by the counsel for the respondent-BDA regarding the application filed by the petitioners under 'G' category not amenable for consideration in view of order passed in the case of Sri. K.Raju vs. Bangalore Development Authority (ILR 2011 KAR 120), had disposed of the writ petitions with an observation as under; "However, based on seniority in the regular course, if the petitioners have any claim with the second respondent, appropriate representation in that regard if made, shall be considered in the background of the Regulations governing the allotment of sites." - 4 - NC: 2025:KHC:132 WP No. 4418 of 2023 3. Learned counsel for the petitioners submits that petitioners be reserved liberty to file fresh application as per the provisions of law applicable for allotment of sites and respondent -BDA be directed to consider the same in accordance with law. 4. Learned counsel for the respondent -BDA submits that if the applications are made by the petitioners in regular course and if they found eligible, the same will be considered in accordance with law. 5. Submissions is placed on record. Writ petition is disposed of accordingly. Sd/- (M.G.S. KAMAL) JUDGE RU, List No.: 1 Sl No.: 45