Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8697 WP No. 2680 of 2025
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. 2680 OF 2025 (LA-BDA) BETWEEN:
SRI. S. BALAKRISHNARAJU S/O SHANKAR RAJU, AGED ABOUT 54 YEARS, R/AT 93, 4TH C ROSS 3RD MAIN, 1ST STAGE BEML LAYOUT, BASAVESHWARNAGAR, BENGALURU – 560 079. …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 SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU – 560 020. …RESPONDENTS (BY SRI.K.KRISHNA.,ADVOCATE FOR R1 AND 2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT TO CONSIDER THE APPLICATION FILED BY
Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:8697 WP No. 2680 of 2025
THE PETITIONER DATED 18-10-2004, 26-11-2020 AND 05-12- 2022 AS PER ANNEXURE-E, H AND H1 RESPECTIVELY, PURSUANT TO THE DIRECTION ISSUED BY THIS HONBLE COURT IN W.P.NO.35598/2004 DATED 04-10-2004 AND W.P.NO.53806/2018, DATED 11-11-2020 AS PER ANNEXURE-D AND G RESPECTIVELY BY CONSIDERING THE JUDGMENT PASSED BY THE HON’BLE SUPREME COURT IN ITS REPORTED
JUDGMENT JUNJAMMA VS BDA REPORTED IN 2004 (7) KLJ,
677.
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 representations dated 18.10.2004, 26.11.2020 and 05.12.2022 as per Annexures-E, H and H1 submitted seeking allotment of alternate site.
2. Case of the petitioner is that he had purchased the revenue site bearing No.29, Katha No.28/2 measuring East to West 40 ft. and North to South 60 ft. forming part of Sy.No.28/2 of Gidadakonenahalli villge, Yeshwanthapura Hobli, Bangalore North Taluk under the deed of sale dated
09.03.1998. The said land had been acquired by the respondents for the purpose of formation of
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NC: 2025:KHC:8697 WP No. 2680 of 2025
Sir.M.Vishweshwaraiah Layout. That the petitioner was entitled for allotment of alternate site in terms of order passed in case of Junjamma and others Vs. Bangalore Development Authority reported in ILR 2005 KAR 608. Petitioner had earlier filed writ petition in W.P.No.35598/2004 which was allowed directing the respondent
to consider the representation. Non-consideration of the said representation, constrained the petitioner to file another writ petition in W.P.No.53806/2018 which was also allowed on 11.11.2020. Even after the said order, respondents have not considered the case of the petitioner. Petitioner made yet another representation on 05.12.2022 which is also not considered. Hence, the petition.
3.
Learned 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.
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NC: 2025:KHC:8697 WP No. 2680 of 2025
2. The respondent-BDA shall consider the representation of the petitioner dated 18.10.2004, 26.11.2020 and 05.12.2022 as per Annexures-E, H and H1 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.
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
SBN List No.: 2 Sl No.: 238