Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:3080-DB WP No. 31830 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 31830 OF 2024 (LA-BDA) BETWEEN:
SMT. SARASWATHI W/O LATE R. KRISHNAPPA, AGED ABOUT 56 YEARS, R/AT NO. 17, 11TH CROSS, LAKSHMINARAYANAPURA, BENGALURU - 560 021. …PETITIONER (BY SRI. PRAKASH K.A, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001.
2.
THE COMMISSIONER, THE BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020.
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:3080-DB WP No. 31830 of 2024
3.
THE DEPUTY COMMISSIONER (LAND ACQUISITION), THE BANGALORE DEVELOPMENT AUTHORITY, T CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020. …RESPONDENTS (BY SMT. CHANDINI S., HCGP FOR R1;
SRI. SHIVAPRASAD SHANTANAGOUDAR, ADV., FOR R2 AND R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, DIRECTION OR ORDER DIRECTING THE RESPONDENTS HEREIN TO CONSIDER THE APPLICATION BEARING NO.2499 DATED 25/0/2022 (APPLICATION ID NO.DSKL-R-04-02126) SO FAR AS IT RELATES TO ITEM NO.2 OF THE SCHEDULE PROPERTY (ANNEXURE-N) AND ETC.
THIS 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 M.NAGAPRASANNA
ORAL ORDER (PER: HON'BLE MR JUSTICE M.NAGAPRASANNA)
The petitioner is before this Court, seeking the following prayers:
"1. Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents herein to consider the Application bearing No.2499
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NC: 2025:KHC:3080-DB WP No. 31830 of 2024
dated 25.02.2022 (Application I.D. No.DSKL-R-04- 02126) so far as it relates to Item No.2 of the Schedule Property (Annexure-N).
2. Issue a writ of Mandamus or any other appropriate writ, direction or order directing the respondents herein to consider Item No.1 of the Schedule Property under JCC 0407107 Scheme.
3. Pass such other order or orders as this Hon'ble Court deems fit to pass in the circumstances of the case and in the interest of justice and equity."
2. Heard the
learned counsel Sri. Prakash A., appearing for the petitioner, the learned HCGP Smt. Chandini S., appearing for respondent No.1 and the learned counsel Sri. Shivaprasad Shantanagoudar, appearing for respondent Nos.2 and 3.
3. The petitioner on the score that though representation/application dated 25.02.2022 had been submitted to the Bengaluru Development Authority, no orders are passed thereon. The representation/application having not met its consideration, is what has driven the petitioner to this Court in the subject petition.
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NC: 2025:KHC:3080-DB WP No. 31830 of 2024
4.
Learned counsel appearing for the Bengaluru Development Authority Sri. Shivaprasad M Shantanagoudar submits that if reasonable time is granted, the said representation/application of the petitioner will be considered, in accordance with law and necessary orders would be passed.
5. In the light of the said submission and the prayer being innocuous, we deem it appropriate to dispose the petition with a direction to the Bengaluru Development Authority to consider the representation/application dated 25.02.2022 and pass necessary orders in accordance with law, within an outer limit of four weeks from the date of receipt of a copy of this
order and communicate the decision taken to the petitioner.
6. Any further document that is necessary for the purpose of such consideration, can be solicited from the hands of the petitioner.
7. Till consideration of the representation/application takes place at the hands of the Bengaluru Development Authority, status-quo, qua the property be maintained by the parties.
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NC: 2025:KHC:3080-DB WP No. 31830 of 2024
With the aforesaid observations, the petition stands
disposed.
Ordered accordingly.
Sd/- (KRISHNA S DIXIT) JUDGE
Sd/- (M.NAGAPRASANNA) JUDGE
SJK List No.: 1 Sl No.: 14 CT:BHK