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2025 DAILYLAW 54827 (KAR)

SRI MUKESH MITTAL v. THE COMMISSIONER

WP/3543/2025 · 2025-07-15

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:26246 WP No. 3543 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 3543 OF 2025 (LA-BDA) BETWEEN: 1. SRI. MUKESH MITTAL, S/O. SRI. NIRANJANLAL MITTAL, AGED ABOUT 52 YEARS R/AT NO. 107, JMJ LANE, S.P. ROAD CROSS, BENGALURU - 500 002. …PETITIONER (BY SRI. SUPRITHA K.H., ADVOCATE) AND: 1. THE COMMISSIONER THE BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK EAST, BENGALURU-560 020. REPTD. BY ITS COMMISSIONER 2. THE DEPUTY SECRETORY -III, THE BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK EAST, BENGALURU-560 020. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26246 WP No. 3543 of 2025 3. THE SPECIAL LAND ACQUISITION OFFICER BENGALURU DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU - 560 020 …RESPONDENTS (BY SRI. AJAYKUMAR M., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 18-01-2025, VIDE ANNEXURE-Q TO ALLOT AN ALTERNATIVE SITE BEARING NO.1451, SITUATED AT SIR.M.VISHWESHWARAIAH LAYOUT 5TH BLOCK, MEASURING 9 X 12 METERS AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING - 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus to consider the representation submitted on 18.01.2025 for the purpose of allotment of alternate site in Sir M. Vishweshwaraiah Layout 6th Block. - 3 - HC-KAR NC: 2025:KHC:26246 WP No. 3543 of 2025 2. Heard Sri. Supritha K.H., learned counsel appearing for the petitioner, Sri. Ajay Kumar M., learned counsel appearing for the respondents and have perused the material on record. 3. Learned counsel appearing for the respondents-BDA submits that, if reasonable time is granted, the representation of the petitioner would be considered and appropriate orders would be passed. 4. In that light, without going into the merit of the matter or the claim of the petitioner, I deem it appropriate to dispose the petition directing the respondents-BDA to consider the representation strictly in consonance with law and pass necessary orders thereon and further communicate the order so passed by the BDA to the petitioner. 5. It is made clear that this Court has not considered the issue on the merit or analyzed the claim of the petitioner on its merit. - 4 - HC-KAR NC: 2025:KHC:26246 WP No. 3543 of 2025 6. It is a direction simplicitor on the submission of the learned counsel appearing for the respondents to consider the representation and pass necessary orders in accordance with law. 7. The representation shall be considered within twelve (12) weeks bearing in mind the observations made in the course of the order. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 85