- 1 - NC: 2025:KHC:16456-DB WP No. 11456 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR WRIT PETITION NO. 11456 OF 2025 (BDA) BETWEEN: K VIDYASHANKAR, S/O LATE B KRISHNASWAMY, AGED ABOUT 72 YEARS, SENIOR JOURNALIST, R/A 18, 10TH CROSS, NR COLONY, BENGALURU – 560 028. …PETITIONER (BY SRI. CHETHAN A C.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BENGALURU – 560 001. 2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, BENGALURU – 560 020. …RESPONDENTS (BY V.C.O DATED 22.04.2025 SRI.B RAVINDRANATH., AGA FOR R1; SRI.B S SACHIN.,ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1.ISSUE A WRIT OF MANDAMUS DIRECTING THE SECOND RESPONDENT TO ALLOT AN ALTERNATIVE SITE TO THE PETITIONER IN TERMS OF THE REPRESENTATION DATED Digitally signed by CHETAN B C Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16456-DB WP No. 11456 of 2025 08/08/2024 (ANNEXURE-A) AND 2.PASS SUCH FURTHER OR OTHER ORDERS. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT AND HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR ORAL ORDER (PER: HON'BLE MR JUSTICE KRISHNA S DIXIT) The short grievance of the petitioner an allottee of a BDA site is that the site earmarked for such allotment is involved in litigation and therefore, he has made a representation for the allotment of alternate site. Learned counsel for the petitioner submits that the said representation having not been considered, the pith & substance of Article 350 of the Constitution of India is violated. Learned AGA on request appears for respondent No.1. Learned Panel Counsel Sri.B.S.Sachin on request having accepted notice for the respondent-BDA, opposes the petition. - 3 - NC: 2025:KHC:16456-DB WP No. 11456 of 2025 2. Having heard the learned counsel for the parties and having perused the Petition Papers, we are inclined to grant indulgence in the matter inasmuch as Article 350 of the Constitution of India mandates the consideration of representation of citizens through which they air their grievances, in accordance with law and within a reasonable period. This having not happened, petitioner is justified in complaining before the Writ Court. In the above circumstances, Writ Petition is allowed; a direction issues to the 2nd respondent-BDA to consider or cause to be considered the subject representation dated 8.8.2024 for the allotment of alternate site and further to inform result of such consideration to the petitioner within a period of eight weeks. All contentions are kept open. Delay if brooked will be viewed very seriously at the next level of litigation. It is open to the respondent-BDA to solicit any information or documents from the side of petitioner or - 4 - NC: 2025:KHC:16456-DB WP No. 11456 of 2025 from any other department as are required for the due consideration of representation. However, in that guise, delay shall not be brooked. No costs. Sd/- (KRISHNA S DIXIT) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE CBC List No.: 1 Sl No.: 31