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2025 DAILYLAW 31652 (KAR)

SMT. RADHIKA ADVANI v. STATE OF KARNATAKA

WP/23273/2024 · 2025-01-15

M G S Kamal

body2025

Judgment text

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- 1 - NC: 2025:KHC:1548 WP No. 23273 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 23273 OF 2024 (LA-KHB) BETWEEN: SMT. RADHIKA ADVANI AGED ABOUT 54 YEARS W/O PANKAJ ADVANI, R/AT NO B-2, 311, CHITRAVANI CHS LTD., PIMPRIPADA ROAD, OFF. GEN. A K VAIDYA MARG, MALAD EAST, MUMBAI - 400 097. …PETITIONER (BY SRI. ANANTHA NARAYANA B N.,ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY ITS SECRETARY TO THE GOVERNMENT, HOUSING AND URBAN DEVELOPMENT DEPARTMENT, M S BUILDINGS ANNEXE, VIDHANA VEEDHI, BANGALORE - 560 001. 2. THE COMMISSIONER KARNATAKA HOUSING BOARD, KAVERI BHAVAN, K.G. ROAD, BANGALORE - 560 009. Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:1548 WP No. 23273 of 2024 3. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA HOUSING BOARD, KAVERI BHAVAN, K G ROAD, BANGALORE 560009 …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1; SRI. H.L. PRADEEP KUMAR, ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF CONSITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 18.06.2024 GIVEN BY THE PETITIONER TO THE R2, COMMISSIONER, KARNATAKA HOUSING BOARD, BANGALORE AS PER ANNX-G FOR RECONVEY OF THE PROPERTY SITE NO.2, B-BLOCK ,FORMED IN CONVERTED SY.NOS.128,136 AND 137 OF LINGARAJAPURA VILLAGE, KASABA HOBLI, ANEKAL TALUK, BANGALORE DISTRICT AND OR ALTERNATIVELY ALLOT A SUITABLE SITE TO THE PETITIONER WITHIN THE TIME TO BE PRESCRIBED BY THIS HONBLE COURT IN LIEU OF THE ACQUISITION OF THE SITE BY THE RESPONDENTS PURSUANT TO THE PRELIMINARY NOTIFICATION BEARING NO.1/2005.06 DATED 01.04.2005 AND THE FINAL NOTIFICATION BEARING NO.RD.76.LAB.2006 DATED 02.11.2006 AS PER ANNX-E AND F BY ISSUE OF A WRIT OF MANDAMUS AND ETC. 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 ORAL ORDER Petitioner is before this Court seeking direction to the respondent No.2-KHB to reconvey the site No.2, 'B' block, formed in converted Sy.No.128, 136 and 137 of Lingarajapura - 3 - NC: 2025:KHC:1548 WP No. 23273 of 2024 village, Kasaba Hobli, Anekal Taluk, Bangalore District or in the alternate allot a suitable site within the stipulated period in lieu of acquisition of her site by respondents in terms of the preliminary notification bearing No.1/2005-06 dated 01.04.2005 and the final notification bearing No.RD.76.LAB/2006 dated 21.10.2006. 2. Petitioner claims to have purchased the aforesaid site under registered deed of sale dated 14.03.2005 from one G.Venkateshwarulu, S/o Narasimhulu. That subsequent to the purchase by the petitioner, respondent acquired the entire land including the site purchased by the petitioner in terms of the preliminary notification dated 01.04.2005 and the final notification dated 21.10.2006. Several representations/requests made by the petitioner seeking reconvey of the said site or alternate site, have met no result. Petitioner made representation on 18.06.2024 as per Annexure-G which has not been considered by the respondent -authorities. Hence, petitioner constrained to approach this Court. - 4 - NC: 2025:KHC:1548 WP No. 23273 of 2024 3. Learned counsel for the respondent No.2 fairly submits that given some time, representation of the petitioner would be considered as expeditiously as possible. 4. Submission is taken on record. 5. In that view of the matter, following; ORDER (1) Petition is disposed of. (2) The respondent Nos.2 and 3 are directed to consider the representation of the petitioner produced at Annexure-G dated 18.06.2024 within an outer limit of twelve (12) weeks from the date of the receipt of the certified copy of this order and the decision taken thereon shall be communicated in writing to the petitioner. SD/- (M.G.S. KAMAL) JUDGE RU List No.: 1 Sl No.: 54