Karnataka High Court
WRIT PETITION 15483 of 2024 on 22 November 2002
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.15483 OF 2024 (LABDA)
BETWEEN:
SRI K VIGNESH SON OF LATE SRI P KUMAR, AGED ABOUT 35 YEARS, RESIDING AT NO.125 5TH CROSS, SHAMANNA GARDEN R R OIL MILL ROAD LINGARAJAPURAM, BENGALURU 560 084
…PETITIONER
(BY SRI. C SHANKAR REDDY, ADVOCATE)
AND:
1. THE BENGALURU DEVELOPMENT AUTHORITY KUMARA PARK WEST, SANKEY ROAD BENGALURU 560 020 REP BY ITS COMMISSIONER
2. THE SPECIAL LAND ACQUISITION OFFICER BENGALURU DEVELOPMENT AUTHORITY, SANKEY ROAD, BENGALURU 560 020
…RESPONDENTS
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECTING THE RESPONDENTS 1 AND 2 TO CONSIDER AND DISPOSE OF THE REPRESENTATION DATED 22.11.2002 MADE BY THE PETITIONER PRODUCED AND MARKED AS ANNEXURE L, TO THE WRIT PETITION WITHIN A LIMITED TIME FRAME.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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 direction to the respondent Nos.1 and 2 to consider the representation dated 22.11.2002 as per Annexure-L and for further direction for allotment of an alternate site in lieu of site bearing No.14 measuring East to West 40 ft and North to South 30 ft. forming part of land bearing Sy.No.29/1 of Ullalu village, Yeshwanthapura Hobli, Bangalore North Taluk acquired by the respondent Nos. 1 and 2 for formation Sir M.Vishweshwaraiah layout or for a direction for payment of compensation.
of
2. Case of the petitioner is that that one B.L.Jagadeesh had purchased aforesaid site in terms of deed of sale dated 28.09.1987 from his previous owner. That the said B.L.Jagadeesh had executed power of attorney dated 22.06.1994 in favour of one Sri. Elangovan who in turn had entered into an agreement of sale with Sri.P.Kumar the father of the petitioner herein and after receiving the entire sale consideration had executed General Power of Attorney dated 25.11.1996. That the father of the petitioner passed away on
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02.05.2021. That in the meanwhile, respondent had acquired lands in sy.No.29/1 in which the aforesaid site formed part of for formation of Sir.M.Vishweshwaraiah layout. Father of the petitioner being the purchaser of the site in the said land as above has made representation on 22.11.2002 seeking for allotment of alternate site. Though there has been constant follow up of the matter to the respondent -BDA same has not been considered till date.
3. Learned counsel for the respondent -BDA submits that the petitioner do not have vested right in the property in question besides the petition is belated. However, he submits 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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2. The respondent-BDA shall consider the representation dated 22.11.2002 of the petitioner as per Annexure-L and after giving an opportunity of personal hearing to the petitioner and only if the representation dated 22.11.2002 of the petitioner as per Annexure-L and after giving an opportunity of personal hearing to the petitioner and only if the petitioner is found eligible for consideration of his request, shall pass appropriate orders strictly 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.: 43
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