Karnataka High Court
WRIT PETITION 26447 of 2024 on 30 December 2022
2025:KHC:8696
Digitally signedby ROOPA R ULocation: HIGHCOURT OFKARNATAKA
NC: 2025:KHC:8696
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. 26447 OF 2024 (BDA)
BETWEEN:
SMT M. KUSUMA W/O. SRI. CHANDRASHEKARA, D/O. SRI. M. B. MARIDEVARU, AGED ABOUT 62 YEARS, R/AT NO. 438, 1[ST] FLOOR, 12[TH] CROSS, SADASHIVANAGAR, BENGALURU - 560 080.
…PETITIONER
(BY SRI. RAJASHEKAR S, ADVOCATE)
AND:
BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020, REP. BY ITS COMMISSIONER.
…RESPONDENT
(BY SRI. B. VACHAN, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION 30/12/2022 BEARING COMPUTER NO. 78236 SUBMITTED BY THE PETITIONER VIDE ANN-A AND TO TAKE SUITABLE ACTION FOR ALLOTTING SUITABLE ALTERNATIVE SITE IN FAVOUR OF THE PETITIONER IN ACCORDANCE WITH LAW.
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
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Petitioner is before this Court seeking issue of writ of mandamus to the respondent to consider the representation dated 30.12.2022 bearing computer No.78236 as per Annexure-A directing the respondent to allot alternate site to the petitioner.
2. Case of the petitioner is that she had been allotted a site bearing No.147, J.P.Nagar, 8[th] phase, 2[nd] Block, Bengaluru forming part of a land in Sy.No.24 vide allotment letter dated 26.12.2000. Petitioner had paid the entire value of the site. A deed of sale dated 09.08.2001 had been executed in favour of the petitioner. Katha was also registered in the name of the petitioner. Things stood thus, petitioner learnt that the aforesaid land in Sy.No.24 in which the said site had formed part of, had been denotified by the respondent and thereafter the said land had been allotted in favor of one Annapurna Education Trust who had constructed the building and formed the road. Petitioner who had lost the site in the process made representations on 17.06.2011, 30.12.2015, and 07.03.2018 to the respondent. However, there was no response to the same.
Thereafter petitioner made the representation on 30.12.2022 as per Annexure-A seeking allotment of alternate site to the Committee constituted for allotment of alternate site. However, no action taken till date. Hence, the writ petition.
3. Counsel for the respondent -BDA submit given some time, case of the petitioner would be considered in accordance with law.
4. Hence, the following;
ORDER
1. Petition is disposed of.
2. The respondent-BDA shall consider the representation dated 30.12.2022 bearing computer No.78236 as per Annexure-A of the petitioner 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:8696
WP No. 26447 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
RU
List No.: 2 Sl No.: 230
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