SMT. D.L. VIJAYA KUMARI v. THE BANGALORE DEVELOPMENT AUTHORITY
WP/25669/2024 · 2025-02-24
M G S Kamal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 45353 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45353 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8695 WP No. 25669 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 25669 OF 2024 (BDA) BETWEEN:
SMT. D. L. VIJAYA KUMARI AGED ABOUT 68 YEARS, W/O H KEMPEGOWDA, RESIDING AT NO. 92, 3RD CROSS, GARRAGE, VI JAYANAGAR, BANGALORE - 560 040. …PETITIONER (BY SRI. CHANDAN GOWDA PATIL, ADVOCATE)
AND:
1.
THE BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD, KUMAR PARK WEST, BENGALURU - 560 020.
(REPRESENTED BY ITS COMMISSIONER)
2.
THE DEPUTY SECRETARY - II BANGALORE DEVELOPMENT AUTHORITY, T CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020.
3.
THE ALLOTMENT COMMITTEE BANGALORE DEVELOPMENT AUTHORITY, T CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020.
(REPRESENTED BY ITS CHAIRMAN)
Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:8695 WP No. 25669 of 2024
4.
THE BRUHAT BANGALORE MAHANAGARA PALLIKE N R SQUARE, BANGALORE - 560 001.
REPRESENTED BY ITS COMMISSIONER. …RESPONDENTS (BY SRI. B.VACHAN ADVOCATE FOR R1 TO R3;
SRI. K.S. MALLIKARJUNA REDDY ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT FOR THE R-1 TO R-3 TO CONSIDER THE REPRESENTATION DTD 31.08.2019 SUBMITTED BY THE PETITIONER TO ALLOT ALTERNATIVE BDA SITE WITHIN A PERIOD OF 4 WEEKS VIDE ANNEXURE-F.
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 issue of writ of mandamus to the respondents to consider the representation dated 31.08.2019 as per Annexure-F submitted seeking allotment of alternate site.
2. Case of the petitioner is that she had been earlier allotted a site bearing No.726 measuring 30 ft. x 40 ft., Bapuji and Attiguppe extension, RPC Layout, Vijayanagar and pursuant to the order passed in W.P.No.2742/2005 a deed of sale had been executed. However, when petitioner sought for registration of katha, respondent No.4 had informed the
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NC: 2025:KHC:8695 WP No. 25669 of 2024
petitioner that the said site No.726 had been utilized for the park. Accordingly, petitioner had made the aforesaid representation for allotment of alternate site which has not been consider till date, constraining the petitioner to approach this court.
3. Counsel for the respondent -BDA submit given some time, case of the petitioner would be considered in accordance with law.
4. Hence, following;
ORDER
1. Petition is disposed of.
2. The respondent-BDA shall consider the representation 31.08.2019 as per Annexure-F of the petitioner and after giving an opportunity of personal hearing to the petitioner and thereafter if the petitioner is found eligible appropriate orders shall be passed in accordance with law.
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NC: 2025:KHC:8695 WP No. 25669 of 2024
3. Such orders shall be passed within an outer limit of four (4) months from the date of receipt of certified copy of this order.
Sd/- (M.G.S. KAMAL) JUDGE
RU List No.: 2 Sl No.: 229