Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:625 WP No. 24780 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 24780 OF 2022 (BDA) BETWEEN:
SRI. N.R. AMARNATH S/O LATE RAMARAO, AGED ABOUT 76 YEARS, R/AT No.81, 2ND CROSS, NEAR KUMBESHWARA TEMPLE, BABURAO LAYOUT, KUMBARPETE, MALUR, KOLAR DISTRICT - 563 130. …PETITIONER (BY SRI. SUNDARESH H C.,ADVOCATE)
AND:
1.
THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020.
2.
THE DEPUTY SECRETARY - III BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020. …RESPONDENTS
(BY SRI. MURUGESH V CHARATI.,ADVOCATE FOR R1 AND R2)
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
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NC: 2025:KHC:625 WP No. 24780 of 2022
ISSUE WRIT IN THE NATURE OF MANDAMUS TO CONSIDER THE REPRESENTATION FILED BY THE PETITIONER DATED 30.09.2022 VIDE ANNEXURE-E FOR ALLOTMENT ALTERNATIVE SITE BEARING NO.697/A, MEASURING 9 X 12 MTRS, SITUATED AT 19TH B BLOCK, ARKAVATHI LAYOUT IN FAVOUR OF THE PETITIONER AS PER THE CD REPORT RECEIVED FROM THE ENGINEERING DEPARTMENT AS PER ANNEXURE-D DATED
01.02.2019.
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 respondents-BDA in the nature of mandamus to consider the representation filed by the petitioner on 30.09.2022 as per Annexure-E seeking allotment of alternate site bearing No.697/A at 19th block of Arkavathi layout.
2. Case of the petitioner is that he was allotted a site bearing No.451, measuring 9 X 12 mtrs. at 9th block of Arkavathi Layout, in terms of the allotment letter dated 30.12.2005 issued by the respondents-BDA and a Deed of Sale was also executed in favour of petitioner on receipt of entire sale consideration by the respondents -BDA. The said site was situated within the land forming part of Sy.No.35 of Challakere
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NC: 2025:KHC:625 WP No. 24780 of 2022
village and at the instance of the owners of the said land, acquisition in respect of same was dropped. Resultant, the allotment made by the respondents-BDA has become redundant. As such, the petitioner was constrained to make a representation seeking allotment of an alternate site as per Annexure-E, which has not been considered till date. Hence, the petition.
3.
Learned counsel for the respondents-BDA in response submits that given some time, the matter would be placed before the Committee and appropriate orders in accordance with law will be passed.
4. Submission is taken on record.
5. In view of the above, petition is disposed of directing the respondents-BDA to consider the representation made by the petitioner which is produced at Annexure-E, within a period of eight (8) weeks from the date of receipt of the certified copy of this order. SD/- (M.G.S. KAMAL) JUDGE
RU, List No.: 1 Sl No.: 44