SRI. N.R. AMARNATH v. THE COMMISSIONER
Case at a glance
Outcome
Disposed of
In view of the above, petition is disposed of
Provisions considered
- Constitution of India arts. 226, 227
Key paragraphs
- Para 55. In view of the above, petition is disposed of directing the respondents-BDA to consider the representation made by the petitioner which is produced at Annexure-E, within a period of eight (8) weeks from the date of receipt of the certified copy of this order.…
Judgment
SRI. N.R. AMARNATH S/O LATE RAMARAO, AGED ABOUT 76 YEARS, R/AT No.81, 2ND CROSS, NEAR KUMBESHWARA TEMPLE, BABURAO LAYOUT, KUMBARPETE, MALUR, KOLAR DISTRICT - 563 130. (BY SRI. SUNDARESH H C.,ADVOCATE) AND:
THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020.
THE DEPUTY SECRETARY - III BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020. Digitally signed by SUMA B N Location: High Court of Karnataka …PETITIONER (BY SRI. MURUGESH V CHARATI.,ADVOCATE FOR R1 AND R2) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO - 2 - NC: 2025:KHC:625 WP No. 24780 of 2022 ISSUE WRIT IN THE NATURE OF MANDAMUS TO CONSIDER THE REPRESENTATION FILED BY THE PETITIONER DATED 30.09.2022 VIDE ANNEXURE-E FOR ALLOTMENT ALTERNATIVE SITE BEARING NO.697/A, MEASURING 9 X 12 MTRS, SITUATED AT 19TH B BLOCK, ARKAVATHI LAYOUT IN FAVOUR OF THE PETITIONER AS PER THE CD REPORT RECEIVED FROM THE ENGINEERING DEPARTMENT AS PER ANNEXURE-D DATED 01.02.2019. 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 Petitioner is before this Court seeking direction to the respondents-BDA in the nature of mandamus to consider the representation filed by the petitioner on 30.09.2022 as per Annexure-E seeking allotment of alternate site bearing No.697/A at 19th block of Arkavathi layout.
2. Case of the petitioner is that he was allotted a site bearing No.451, measuring 9 X 12 mtrs. at 9th block of Arkavathi Layout, in terms of the allotment letter dated
30.12.2005 issued by the respondents-BDA and a Deed of Sale was also executed in favour of petitioner on receipt of entire sale consideration by the respondents -BDA. The said site was situated within the land forming part of Sy.No.35 of Challakere - 3 - NC: 2025:KHC:625 WP No. 24780 of 2022 village and at the instance of the owners of the said land, acquisition in respect of same was dropped. Resultant, the allotment made by respondents-BDA has become redundant. As such, the petitioner was constrained to make a representation seeking allotment of an alternate site as per Annexure-E, which has not been considered till date. Hence, the petition.
Learned counsel for the respondents-BDA in response submits that given some time, the matter would be placed before the Committee and appropriate orders in accordance with law will be passed.
Submission is taken on record.
Operative part
In view of the above, petition is disposed of directing the respondents-BDA to consider the representation made by the petitioner which is produced at Annexure-E, within a period of eight (8) weeks from the date of receipt of the certified copy of this order. SD/- (M.G.S. KAMAL) JUDGE RU, List No.: 1 Sl No.: 44
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In view of the above, petition is disposed of
Which statutory provisions did this judgment involve?
Constitution of India — arts. 226, 227.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.