Karnataka High Court
Sri Prabhudeva R M vs The Commissioner on 7 June, 2019
Author: S.Sujatha
Bench: S.Sujatha
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JUNE, 2019
BEFORE
THE HON'BLE MRS.JUSTICE S.SUJATHA
WRIT PETITION No.51199/2017 [BDA]
C/w.
WRIT PETITION No.54597/2017 [BDA]
IN W.P. No.51199/2017:
BETWEEN:
SRI PRABHUDEVA R.M.,
S/O.SRI.MAHESHWARAPPA,
AGED ABOUT 42 YEARS
NO.26/27, 1ST "A" MAIN ROAD,
SILVER OAK, ARAVINDA LAYOUT,
J.P.NAGAR, 7TH PHASE,
BENGALURU-560078.
....PETITIONER
(BY SRI. VASANTH KUMAR H.T., ADV.)
AND:
1. THE COMMISSIONER
BENGALURU DEVELOPMENT AUTHORITY,
T.CHOWDAIAH ROAD,
KUMARAPARK WEST,
BENGALURU - 560 020.
2. SRI BETTEGOWDA
EMPLOYEE OF BDA &
PRESIDENT OF BDA EMPLOYEES
WELFARE ASSOCIATION,
2
BDA COMPLEX, KUMARAPARK WEST,
T. CHOWDAIAH ROAD,
BENGALURU-560 020.
3. SRI MALLANNA
EMPLOYEE OF BDA &
PRESIDENT OF BDA EMPLOYEES
WELFARE ASSOCIATION,
BDA COMPLEX, KUMARAPARK WEST,
T. CHOWDAIAH ROAD,
BENGALURU-560 020.
4. THE EXECUTIVE ENGINEER
BENGALURU DEVELOPMENT AUTHORITY(SOUTH)
BANASHANKARI 2ND STAGE,
BANGALORE-560070.
....RESPONDENTS
(BY SRI. M.R. VANAJA, ADV. FOR R1 & R4;
SRI. K. SACHINDRA KARANTH, ADV., FOR R2;
R3 - SERVED & UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1
CONSIDER THE REPRESENTATION DTD.10.3.2016 VIDE ANNEX-K
GIVEN BY THE R-2 AND 3 AND REPRESENTATION DTD.8.2.2017 VIDE
ANNEX-L GIVEN BY THE PETITIONER.
IN W.P. No.54597/2017:
BETWEEN:
SRI KISHAN RAO
S/O SRI RAGHAVENDRA KULKARNI
AGED ABOUT 32 YEARS,
NO.13/3 (309) GROUND FLOOR,
6TH MAIN, 5TH CROSS,
BHUVANESHWARINAGAR
BANASHANKARI 3RD STAGE
BENGALURU-560 085
...PETITIONER
[BY SRI. VASANTH KUMAR H.T., ADV.,]
3
AND:
1. THE COMMISSIONER
BENGALURU DEVELOPMENT AUTHORITY
T CHOWDAIAH ROAD
KUMARAPARK WEST
BENGALURU-560 020
2. THE PRESIDENT
BDA EMPLOYEES WELFARE ASSOCIATION [R]
BDA COMPLEX, KUMARAPARK WEST,
T CHOWDAIAH ROAD,
BENGALURU-560 020
3. THE SECRETARY
BDA EMPLOYEES WELFARE ASSOCIATION [R]
BDA COMPLEX, KUMARAPARK WEST,
T CHOWDAIAH ROAD,
BENGALURU-560 020
4. THE EXECUTIVE ENGINEER
BENGALURU DEVELOPMENT
AUTHORITY (SOUTH)
BANASHANKARI 2ND STAGE
BENGALURU-560 070
...RESPONDENTS
[BY SRI. M.N. RAMANJANEYA GOWDA, ADV.,
FOR R1 & R4;
SRI. K. SACHINDRA KARANTH, ADV., FOR R2 & R3]
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-1 TO
CONSIDER THE REPRESENTATION DATED 10.03.2016 VIDE
ANNEXURE-L GIVEN BY R-2 & 3 AND REPRESENTATION DATED
08.02.2017 ANNEXURE-M GIVEN BY THE PETITIONER.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
4
ORDER
The prayer sought in these writ petitions read thus:
In W.P. No.51199/2017:
" a) Issue a writ in the nature of mandamus directing the Respondent No.1 to consider the representation dated 10.03.2016 vide Annexure-K given by the Respondent No.2 and 3 and representation dated 08.02.2017 Annexure-L given by the Petitioner."
In W.P. No.54597/2017:
" a) Issue a writ in the nature of mandamus directing the Respondent No.1 to consider the representation dated 10.03.2016 vide Annexure-L given by the Respondent No.2 and 3 and representation dated 08.02.2017 Annexure-M given by the Petitioner."
2. Petitioner in W.P. No.51199/2017 is claiming to be the absolute owner of Site bearing No.265, measuring 9.14 meters East to West and 12.19 meters North to South; petitioner in W.P. No.54597/2017 is claiming to be the absolute owner of Site bearing No.286, measuring 6.10 meters East to West and 12.19 meters North to South, both situated in M.K.S. Layout, 1st Stage, Lingadheeranahalli 5 village, Bengaluru having acquired the same through a registered Sale Deed from their vendors.
3. It is the grievance of the petitioners that respondent/Association is trying to occupy some portion of the petitioners' site, even without issuing any notice, hence, these writ petitions.
4. Learned counsel for the official respondent- Bangalore Development Authority submits that pursuant to the representation made by the Bangalore Development Authority Employee's Welfare Association as per Annexure-K for modification of the Layout plan, the same has been considered and endorsement dated 29.6.2017 has been issued. Hence writ petitions do not survive for consideration.
5. Having heard learned counsel for the parties and perusing the material on record, it is ex-facie apparent that the representation submitted by the Bangalore Development Authority Employee's Welfare Association dated 10.03.2016 6 and the site owners of the layout in question requesting the BDA to consider the representation of the Bangalore Development Authority Employee's Welfare Association, has been duly considered and an endorsement dated 29.06.2017 has been issued.
6. However, it is the grievance of the petitioners that respondent No.4 is making attempts to occupy a portion of the petitioners' Site sans issuing any notice. If that be the position, the petitioners are at liberty to make a fresh representation to respondent Nos. 1 and 4 inasmuch as the interference of the authorities relating to their Sites are concerned. If such representations are made by the petitioners within a period of two weeks from the date of receipt of a certified copy of the order, respondents No. 1 and 4 shall consider the same and take decision in accordance with law in an expedite manner, preferably within a period of four weeks from the date of receipt of the application/representation.
7
Writ petitions are disposed of in terms of the above.
Sd/-
JUDGE AN/-