SRI. P. G. SREENATH v. BANGALORE DEVELOPMENT AUTHORITY
WP/11937/2024 · 2025-02-24
M G S Kamal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 45626 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45626 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8682 WP No. 11937 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. 11937 OF 2024 (BDA) BETWEEN:
SRI. P. G. SREENATH, S/O LATE P.R. GOPALAKRISHNA IYENGAR, AGED ABOUT 79 YEARS, R/AT NO.57, 2ND CROSS, UTI BANK RAC, 80 FEET ROAD, III PHASE, 4TH BLOCK, BANASHANKARI III STAGE, BENGALURU-560 085. …PETITIONER (BY SRI. MURALIDHAR H M.,ADVOCATE) AND:
BANGALORE DEVELOPMENT AUTHORITY, T CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020 REPRESENTED BY ITS COMMISSIONER …RESPONDENT (BY SRI. POONAM S PATIL.,ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THE WP, ISSUE WRIT IN THE NATURE OF MANDAMUS TO THE RESPONDENT, ALLOT AND REGISTER ALTERNATE SITE MEASURING 9 X 12 METERS AT ARKAVATHI LAYOUT, AT THE EARLIEST AND PUT THE PETITIONER IN PHYSICAL POSSESSION OF THE SITE.
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
Digitally signed by ROOPA R U Location:
HIGH COURT OF KARNATAKA
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NC: 2025:KHC:8682 WP No. 11937 of 2024
ORAL ORDER
Petitioner is before this Court seeking issue of writ of mandamus to the respondents to consider the representation dated 05.10.2023 as per Annexure-D seeking allotment of alternate site measuring 9X12 meters in the layout formed by the respondents in Arkavathi layout as per the order issued by the Hon'ble Justice Keshavanarayana Committee in KNKC No.159/22 dated 03.08.2023.
2. Case of the petitioner is that he had earlier filed a writ petition in W.P.No.815/2016 seeking direction to the respondent to conclude allotment of site No.BK-90 in Arkavathi Layout which was allowed by order dated 27.09.2023 directing to consider the same within three months with further direction if the said site is not available, to allot alternative site. Respondent in compliance of the said order issued endorsement dated 29.10.2021 stating that site number No.BK-90 has been identified as coming within lake zone as per Revised Master Plan 2015 as such same was not available and that an alternate site would be allotted. However, no action was taken. That the petitioner had approached Hon'ble Justice Keshavanarayana Committee and made representation. The said Committee by
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NC: 2025:KHC:8682 WP No. 11937 of 2024
order dated 03.08.2023 directed the respondent to complete the process of allotment of site within 60 days from the date of receipt of the report. On 05.10.2023, petitioner made yet another representation to the respondent-BDA enclosing the report of the Committee. Despite the same, no action is taken by the respondent-BDA. Hence the petition.
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 dated 05.10.2023 as per Annexure- D of the petition 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:8682 WP No. 11937 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
RL List No.: 2 Sl No.: 209