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2025 DAILYLAW 22089 (KAR)

H J LAKSHMINARAYANA v. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY

WP/9284/2022 · 2025-02-14

M G S Kamal

body2025

Judgment text

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- 1 - NC: 2025:KHC:6786 WP No. 9284 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 9284 OF 2022 (BDA) BETWEEN: 1. H J LAKSHMINARAYANA, S/O LATE J NARASAPPA, AGED ABOUT 66 YEARS, R/A DOOR NO.558, 3RD MAIN, 2ND BLOCK, RAJAJINAGAR, BENGALURU - 560 010. 2. SMT M SUNITHA, W/O H J LAKSHMINARAYANA, AGED ABOUT 59 YEARS, R/A DOOR NO.558, 3RD MAIN, 2ND BLOCK, RAJAJINAGAR, BENGALURU - 560 010. …PETITIONERS (BY SRI. H R VISHWANATH., ADVOCATE) AND: THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, T CHOWDAIAH ROAD, BENGALURU - 560 020. …RESPONDENT (BY SRI.K.KRISHNA., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:6786 WP No. 9284 of 2022 QUASH THE NOTICE DTD. 10.02.2020 ISSUED BY THE RESPONDENT VIDE ANNX-E AND ETC., THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner, who was earlier working in the Revenue Department was transferred to the post of Section Officer, Department of Urban Development, Bangalore Development Authority, as per the notification dated 04.12.2006. There was an association called BDA Employees Welfare Association which was formed for the welfare of the employees of BDA, who had been given sites in bulk allotment by the respondent - BDA to be allotted exclusively to the members of the said Association. The petitioner herein by virtue of his posting as above had sought for and was accordingly allotted a site bearing No. 187 measuring East - West 12.19, North - South 9.14 meters, total measuring 111.41 Sq.meters situated in M.K.S. Extension, 1st Stage, form in - 3 - NC: 2025:KHC:6786 WP No. 9284 of 2022 Sy.No.15(P), 16(P) and 17(P) of Doddakallasandra Village, Bengaluru and a sale deed in this regard was also executed in his favour as per Annexure-B. 2. When things stood thus, the respondent - BDA issued a notice as per Annexure-E, alleging that the allotment of site and execution of the sale deed was irregular and illegal and that the petitioner was not entitled for such allotment and had thus called upon the petitioner to give response to the said notice before the respondent - BDA proceeding to take any further action in the matter. 3. Aggrieved by the same petitioner is before this Court seeking following reliefs: (a) Issue a writ in the nature of certiorari, quashing the notice dated 10.02.2020 in No.BemAaPra/UKa-1/278/2019-20 issued by the respondent vide Annexure-E. (b) Pass such any other order/s or direct/s that are deemed under the above - 4 - NC: 2025:KHC:6786 WP No. 9284 of 2022 circumstances, in the interest of justice and equity. 4. Learned Counsel for the petitioners after arguing the matter for some time submits that though the petitioners had initially sought for quashing of the notice dated 10.02.2020 issued by the respondent - BDA at Annexure-E, if a direction is issued to the respondent - BDA to consider the reply to aforesaid notice given by the petitioner as per annexure-F, the purpose of the petition would be served. 5. Learned counsel for the respondent - BDA on the other hand submits that respondent - BDA would consider the response issued by the petitioner to the notice at annexure-E and appropriate order in this regard would be passed. 6. Submission taken on record. 7. Accordingly, writ petition is disposed of. Directing the respondent - BDA to consider the response issued by the petitioner and thereafter pass appropriate - 5 - NC: 2025:KHC:6786 WP No. 9284 of 2022 order within an outer limit of six weeks from the date of receipt of certified copy of this Order and communicate the same to the petitioner herein. Sd/- (M.G.S. KAMAL) JUDGE KVR List No.: 1 Sl No.: 21