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2025 DAILYLAW 45701 (KAR)

M DEENA PAVANA v. STATE OF KARNATAKA

WP/7584/2024 · 2025-02-24

M G S Kamal

body2025

Judgment text

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- 1 - NC: 2025:KHC:8680 WP No. 7584 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.7584 OF 2024 (LA-BDA) BETWEEN: M DEENA PAVANA WIFE OF M P PRABHUDAS AGED ABOUT 62 YEARS R/AT NO.L-14, 2ND MAIN ROAD HSR LAYOUT, 6TH SECTOR BANGALORE - 560 102 …PETITIONER (BY SRI. VARADARAJAN M S, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY TO THE DEPT. OF HOUSING AND URBAN DEVELOPMENT M S BUILDING DR AMBEDKAR VEEDHI BANGALORE - 560 001 2. BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST REPT. BY ITS COMMISSIONER SANKEY ROAD BANGALORE - 560 020 3. ADDITIONAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST, SANKEY ROAD BANGALORE - 560 020 …RESPONDENTS (BY SMT.B.SUKANYA BALIGA, AGA FOR R1; SRI AJITH ACHAPPA, ADVOCATE FOR R2 AND R3) Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8680 WP No. 7584 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO ALLOT AN ALTERNATE SITE TO THE PETITIONER IN VISHVESHWARIAH LAYOUT, BANGALORE, AS PER THE ASSURANCE MADE BY THEM IN ANNEXURE-E DTD 01.04.2011 AND IN ANNEXURE-F DTD 18.06.2011 FORTHWITH. 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 directing the respondent-BDA for allotment of alternative site in favour of the petitioner in Sir M.Vishweshwarayya Layout, as per the assurance made by the respondent-BDA in terms of letters dated 01.04.2011 and 18.06.2011 as per Annexures-E and F respectively. 2. Case of the petitioner is that she purchased the site bearing Assessment No.25, site No.4 measuring 120FtX50Ft forming part of land in Sy.No.25, Doddabasti Village, Kengeri Hobli, Bengaluru South Taluk in terms of deed of sale dated 07.09.2000, the said land was acquired by the respondent-BDA for the purpose of construction of B.M.T.C Doddabasti Bus Stand. Petitioner gave a representation on 26.02.2004 to the respondent No.2 seeking compensation or for allotment of - 3 - NC: 2025:KHC:8680 WP No. 7584 of 2024 alternate site in Sir M.Vishweshwarayya Layout. Pursuant to which by a letter dated 03.02.2006 petitioner was called upon to submit the documents which was duly complied with. Thereafter there was no action taken by the respondent-BDA. The petitioner sought an information from Right to Information, the Assistant Secretary of respondent No.2 issued a letter dated 01.04.2011 informing that the name of the petitioner is at Sl.No.1324 and same will be considered on the basis of seniority. Thereafter, by letter dated 18.06.2011, the Deputy Secretary of respondent No.2 had informed that consolidated list of eligible persons will be prepared and required steps will be taken for allotment of sites for eligible persons. Petitioner gave several representations thereafter on 03.12.2015, 13.07.2017, 14.02.2023 and 12.02.2024. Despite repeated representations 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; - 4 - NC: 2025:KHC:8680 WP No. 7584 of 2024 ORDER 1. Petition is disposed of. 2. The respondent-BDA shall consider the case of the petitioner in furtherance to the Communications dated 01.04.2011 and 18.06.2011 as per Annexure- E and F and the representations of the petitioner as per Annexure-G, H, J, K and L to the writ petition for the purpose of allotment of alternative site. 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. 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.: 206