Karnataka High Court
WRIT PETITION 8694 of 2021 on 26 July 2005
Digitally signed byROOPA R ULocation: HIGHCOURT OFKARNATAKA
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24[TH] DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 8694 OF 2021 (BDA)
BETWEEN:
JAYASHREE AGED 60 YEARS, W/O LATE S.MOHAN RAO NO.34, 8[TH] CROSS, ASHIRWAD COLONY, HORAMAVU, BANGALORE - 560 113.
…PETITIONER
(BY SRI. R. CHANDRASHEKAR ADVOCATE)
AND:
BANGALORE DEVELOPMENT AUTHORITY THE COMMISSIONER, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE5-560020. …RESPONDENT
(BY SRI. K. KRISHNA, ADVOCATE)
THIS WRIT PETITION FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE RESPONDENT TO IDENTIFY AND HANDOVER POSSESSION OF SITE NO.1566-B OR IN THE ALTERNATIVE TO ALLOT AN ALTERNATIVE SITE AT THE SAME LAYOUT, FORTHWITH.
THIS PETITION, COMING ON FOR FURTHER HEARING, 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 issuance of writ of mandamus directing the respondent to identify and hand over site No. 1566-B or in the alternate to allot an alternative site in the same layout.
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2. Case of the petitioner is that the respondent -BDA allotted site bearing No.1587 in favour of husband of the petitioner which was subsequently cancelled and another site bearing No.1566-B was allotted on 04.10.2004. That on payment of entire sale consideration, the respondent -BDA executed a deed of sale dated 26.07.2005 and had also issued a possession certificate along with the katha on 28.06.2005. That husband of the petitioner passed away on 06.01.2017, petitioner therefore inherited the said site. Petitioner being desirous of constructing the house was shocked and surprised to know that the said site was not physically existing and was not traceable in the said layout. Several oral and written requests of the petitioner to the respondent -authorities yielded no results. Hence, the petition.
3. Counsel for the respondent -BDA submit given some time, case of the petitioner would be re-considered after affording personal hearing of the petitioner in accordance with law.
4. Hence, the following;
ORDER
1. Petition is disposed of.
2. The petitioner shall submit a fresh representation within 30 days along with necessary documents from the date of receipt of certified copy of this order. The respondent-BDA shall consider the same after giving an opportunity of personal hearing to the petitioner and appropriate orders shall be passed in accordance with law. within 30 days along with necessary documents from the date of receipt of certified copy of this order. The respondent-BDA shall consider the same after giving an opportunity of personal hearing to the petitioner and 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. 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.: 49
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