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2025 DAILYLAW 20465 (KAR)

MR. NARAYANASWAMY v. THE COMMISSIONER

WP/7580/2023 · 2025-01-10

M G S Kamal

body2025

Judgment text

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- 1 - NC: 2025:KHC:927 WP No. 7580 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 7580 OF 2023 (BDA) BETWEEN: MR. NARAYANASWAMY AGED ABOUT 65 YEARS, S/O.LATE MUNIYAPPA, RESIDENT OF HOSPETE, SIDDLAGHATTA TALUK, CHIKKABALLAPUR DISTRICT. …PETITIONER (BY SRI. D. ASWATHAPPA.,ADVOCATE) AND: THE COMMISSIONER THE BENGALURU DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, KUMARA PARK WEST, BENALURU-560 020. …RESPONDENT (BY SRI. B VACHAN.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT, BANGALORE DEVELOPMENT AUTHORITY TO CONSIDER REPRESENTATIONS DATED 07.01.2023 VIDE ANNX-C, AND ACKNOWLEDGMENT VIDE ANNX-D AND TO DIRECT THE RESPONDENT BANGALORE DEVELOPMENT AUTHORITY TO EXECUTE THE LEASE-CUM-SALE AGREEMENT/CONDITIONAL SALE DEED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:927 WP No. 7580 of 2023 CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner is before this Court seeking issue of mandamus directing the respondent to consider the representation dated 07.01.2023 as per Annexure-C which was received by the respondent -BDA as per Annexure-D and to direct the respondent -BDA to execute the Lease-cum-Sale Agreement. 2. Case of the petitioner is that he was originally allotted a site bearing No.2GC-912 HBNR 1st Block, Bengaluru on 31.03.1989 by the respondent -BDA who had executed deed of sale in favour of the petitioner and was issued possession certificate. However, since the said site had been earlier allotted to some other persons and respondent -BDA on its own cancelled the allotment, subsequently issued a letter of allotment dated 29.12.2012 as per Annexure-A allotting alternative site No. 1517A at HSR Sector-II, Bengaluru. 3. It is further case of the petitioner that except issuing the allotment letter, respondent -BDA has taken no action, consequently petitioner had approached this Court by - 3 - NC: 2025:KHC:927 WP No. 7580 of 2023 filing a writ petition in W.P.No.46609/2013 which was disposed of 09.10.2013 directing the respondent-authorities to consider the representation of the petitioner as expeditiously as possible. Thereafter, the petitioner had followed-up with the respondent-authorities for no avail. 4. That petitioner yet again made a representation on 07.01.2023 as per Annexure-C which was served and received by the respondent -BDA on 07.01.2023 as per the acknowledgment produced at Annexure-D, however for the reasons best known the respondent -BDA has taken no action in this regard. 5. In response, learned counsel for the respondent - BDA submits given some time, representation of the petitioner would be consider in accordance with law. 6. Submission is taken on record. 7. In that view of the matter, petition is disposed of directing the respondent-BDA to consider the representation of - 4 - NC: 2025:KHC:927 WP No. 7580 of 2023 the petitioner and communicate its decision in writing within an outer limit of three (3) months from the date of receipt of certified copy of this order. Sd/- (M.G.S. KAMAL) JUDGE RU List No.: 1 Sl No.: 17