Karnataka High Court
WRIT PETITION 393 of 2024 on 20 June 1968
Digitally signedby ROOPA 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. 393 OF 2024 (BDA)
BETWEEN:
SRI KEMPARAJU S/O LATE KEMPAIAH AGED ABOUT 52 YEARS U-62, 4TH CROSS JABBAR BLOCK MARUTHI EXTENSION VYALIKAVAL BENGALURU-560 003.
…PETITIONER
(BY SRI. VEERABHADRAIAH M C.,ADVOCATE)
AND:
1. THE PRINCIPAL SECRETARY BY ITS URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA DR AMBEDKAR VEEDI BENGALURU-560 001. BY ITS URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA DR AMBEDKAR VEEDI BENGALURU-560 001.
2. BENGALURU DEVELOPMENT AUTHORITY(BDA) REPRESENTED BY ITS COMMISSIONER KUMARA PARK WEST EXTENSION T CHOWDAIAH ROAD BENGALURU-560 020. REPRESENTED BY ITS COMMISSIONER KUMARA PARK WEST EXTENSION T CHOWDAIAH ROAD BENGALURU-560 020.
…RESPONDENTS
(BY SRI. SPOORTHY HEGDE N., ADVOCATE FOR R1; SRI. MURUGESH V. CHARATI., ADVOCATE FOR R2) SRI. MURUGESH V. CHARATI., ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
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DIRECTING THE FIRST RESPONDENT AUTHORITY TO ALLOTMENT OF AN ALTERNATIVE SITE IN FAVOUR OF THE PETITIONER IN THE JABBAR BLOCK EXTENSION, BENGALURU OR IN ANY SUBSEQUENT LAYOUT OF THE BDA INSTEAD OF SITE BEARING NO.32, MEASURING EAST TO WEST 20 FEET AND NORTH TO SOUTH 25 FEET OF JABBAR BLOCK EXTENSTION, VYALIKAVAL, BENGALURU.
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 issue of writ of mandamus directing the respondent No.1 to allot alternate site in favour of the petitioner in Jabbar Block Extension, Bangalore or in any subsequent layout instead of site measuring East to West 20 ft. North to South 25 ft. of Jabbar Block Extension, Vyalikaval, Bangalore.
2. Case of the petitioner is that his father late Kempaiah belonging to economically weaker section and schedule caste community was allotted a site bearing No.32 and had paid sital value. A lease-cum-sale agreement dated 20.06.1968 was executed. That in the meanwhile said Kempaiah passed away. The petitioner being the son having
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succeeded to the said site approached the respondent -BDA seeking execution of deed of sale in his favour. Accordingly, deed of sale was executed in his favour on 30.10.2017 in respect of the aforesaid site. When the petitioner thereafter visited the site to take possession the same had already been occupied by one Smt. Kempamma w/o V. Ramaiah apparently on the basis of the allotment made in the name of her husband. Petitioner therefore approached the respondent -BDA enquiring about the same. Respondent -BDA admitted that the said site had been allotted in favour of one V.Ramaiah husband of said Kempamma. Thus, petitioner made a representation dated 15.04.2023 and also called issue of a notice through his counsel on 15.06.2023 seeking allotment of alternate site in lieu of aforesaid site No. 32. Since there has been no action by the respondent -BDA in the regard, petitioner is before this Court.
3. Counsel for the respondent -BDA submit given some time and on petitioner satisfying all the requirements of the respondent-BDA, case of the petitioner would be considered in accordance with law.
4. Submission is taken on record.
5. Hence, the following;
ORDER
1. Petition is disposed of.
2. The respondent-BDA shall consider the representation dated 15.04.2023 produced at Annexure-C of the petitioner after giving an opportunity of personal hearing and if the petitioner is found eligible appropriate orders shall be passed in accordance with law. representation dated 15.04.2023 produced at Annexure-C of the petitioner after giving an opportunity of personal hearing and 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. 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.: 61
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