Karnataka High Court
Smt Arundhathi H D vs The Commissioner on 1 July, 2019
Author: S.Sujatha
Bench: S.Sujatha
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2019
BEFORE:
THE HON'BLE MRS. JUSTICE S.SUJATHA
WRIT PETITION No.51200/2017 c/w
W.P.No.45050/2017, W.P.No.45051/2017 AND
W.P.No.45053/2017 (BDA)
IN W.P.No.51200/2017:
BETWEEN:
SMT.ARUNDHATHI H.D.,
W/O SRI BASAVESHWARA R.M.,
AGED ABOUT 44 YEARS,
NO.671, 29TH CROSS,
BTM LAYOUT 2ND STAGE,
BENGALURU-560076 ... PETITIONER
[BY SRI H.T.VASANTH KUMAR, ADV.]
AND:
1. THE COMMISSIONER
BENGALURU DEVELOPMENT AUTHORITY,
T.CHOWDAIAH ROAD,
KUMARAPARK WEST,
BENGALURU-560020
2. SRI BETTE GOWDA
EMPLOYEE OF BDA & PRESIDENT OF
BDA EMPLOYEES WELFARE ASSOCIATION,
BDA COMPLEX, KUMARAPARK WEST,
T.CHOWDAIAH ROAD,
BENGALURU-560020
3. SRI MALLANNA
EMPLOYEE OF BDA & SECRETARY OF
-2-
BDA EMPLOYEES WELFARE ASSOCIATION,
BDA COMPLEX, KUMARAPARK WEST,
T.CHOWDAIAH ROAD,
BENGALURU-560020
4. THE EXECUTIVE ENGINEER
BENGALURU DEVELOPMENT
AUTHORITY (SOUTH)
BANASHANKARI 2ND STAGE,
BENGALURU-560070 ...RESPONDENTS
[BY SRI M.N.RAMANJANEYA GOWDA, ADV. FOR R-1 & R-4;
SRI K.SACHINDRA KARANTH, ADV. FOR R-2 & R-3.]
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT
THE R-1 CONSIDER THE REPRESENTATION DATED 10.03.2016
VIDE ANNEXURE-K GIVEN BY THE R-2 AND 3 AND
REPRESENTATION DATED 08.02.2017 AT ANNEXURE-L GIVEN
BY THE PETITIONER.
IN W.P.No.45050/2017:
BETWEEN:
SRI PRAVEEN N. ANKALKOTI
S/O SRI NAGARAJ S. ANKALKOTI
NO.291, 12TH CROSS, 46TH A CROSS,
BDA EMPLOYEES LAYOUT
BANASHANKARI 6TH STAGE, 4TH BLOCK,
LINGADHEERANAHALLI
BENGALURU-560062 ... PETITIONER
[BY SRI H.T.VASANTH KUMAR, ADV.]
AND:
1. THE COMMISSIONER
BENGALURU DEVELOPMENT AUTHORITY,
T.CHOWDAIAH ROAD,
KUMARAPARK WEST,
BENGALURU-560020
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2. SRI BETTE GOWDA
EMPLOYEE OF BDA & PRESIDENT OF
BDA EMPLOYEES WELFARE ASSOCIATION,
BDA COMPLEX, KUMARAPARK WEST,
T.CHOWDAIAH ROAD,
BENGALURU-560020
3. SRI MALLANNA
EMPLOYEE OF BDA & SECRETARY OF
BDA EMPLOYEES WELFARE ASSOCIATION,
BDA COMPLEX, KUMARAPARK WEST,
T.CHOWDAIAH ROAD,
BENGALURU-560020
4. THE EXECUTIVE ENGINEER
BENGALURU DEVELOPMENT
AUTHORITY (SOUTH)
BANASHANKARI 2ND STAGE,
BENGALURU-560070 ...RESPONDENTS
[BY SRI M.N.RAMANJANEYA GOWDA, ADV. FOR R-1 & R-4;
SRI K.SACHINDRA KARANTH, ADV. FOR R-2 & R-3.]
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT
THE R-1 CONSIDER THE REPRESENTATION DATED 10.03.2016
VIDE ANNEXURE-P GIVEN BY THE R-2, 3 AND
REPRESENTATION DATED 08.02.2017 ANNEXURE-Q GIVEN BY
THE PETITIONER.
IN W.P.No.45051/2017:
BETWEEN:
SRI DILIP KUMAR
S/O SRI SANJEEVAIAH R.,
AGED ABOUT 30 YEARS,
NO.40, 11TH MAIN, 2ND CROSS,
RAGHAVENDRA BLOCK,
NEAR AYYAPPASWAMY TEMPLE,
BENGALURU-560 050. ... PETITIONER
[BY SRI H.T.VASANTH KUMAR, ADV.]
-4-
AND:
1. THE COMMISSIONER
BENGALURU DEVELOPMENT AUTHORITY,
T.CHOWDAIAH ROAD,
KUMARAPARK WEST,
BENGALURU-560020
2. SRI BETTE GOWDA
EMPLOYEE OF BDA & PRESIDENT OF
BDA EMPLOYEES WELFARE ASSOCIATION,
BDA COMPLEX, KUMARAPARK WEST,
T.CHOWDAIAH ROAD,
BENGALURU-560020
3. SRI MALLANNA
EMPLOYEE OF BDA & SECRETARY OF
BDA EMPLOYEES WELFARE ASSOCIATION,
BDA COMPLEX, KUMARAPARK WEST,
T.CHOWDAIAH ROAD,
BENGALURU-560020
4. THE EXECUTIVE ENGINEER
BENGALURU DEVELOPMENT
AUTHORITY (SOUTH)
BANASHANKARI 2ND STAGE,
BENGALURU-560070 ...RESPONDENTS
[BY SRI M.N.RAMANJANEYA GOWDA, ADV. FOR R-1 & R-4;
SRI K.SACHINDRA KARANTH, ADV. FOR R-2 & R-3.]
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT
THE R-1 TO CONSIDER THE REPRESENTATION DATED
10.03.2016 VIDE ANNEXURE-N GIVEN BY THE R-2 AND 3 AND
REPRESENTATION DATED 08.02.2017 VIDE ANNEXURE-P
GIVEN BY THE PETITIONER.
-5-
IN W.P.No.45053/2017:
BETWEEN:
SRI JOYSON DOMINIC FURTADO
S/O AMBROZE FURTADO,
AGED ABOUT 28 YEARS,
NO.4, 8TH "A" MAIN,
OLD GURAPPANAPALYA ROAD,
BTM 1ST STAGE,
BENGALURU-560 029. ... PETITIONER
[BY SRI H.T.VASANTH KUMAR, ADV.]
AND:
1. THE COMMISSIONER
BENGALURU DEVELOPMENT AUTHORITY,
T.CHOWDAIAH ROAD,
KUMARAPARK WEST,
BENGALURU-560020
2. SRI BETTE GOWDA
EMPLOYEE OF BDA & PRESIDENT OF
BDA EMPLOYEES WELFARE ASSOCIATION,
BDA COMPLEX, KUMARAPARK WEST,
T.CHOWDAIAH ROAD,
BENGALURU-560020
3. SRI MALLANNA
EMPLOYEE OF BDA & SECRETARY OF
BDA EMPLOYEES WELFARE ASSOCIATION,
BDA COMPLEX, KUMARAPARK WEST,
T.CHOWDAIAH ROAD,
BENGALURU-560020
4. THE EXECUTIVE ENGINEER
BENGALURU DEVELOPMENT
AUTHORITY (SOUTH)
BANASHANKARI 2ND STAGE,
BENGALURU-560070 ...RESPONDENTS
[BY SRI M.N.RAMANJANEYA GOWDA, ADV. FOR R-1 & R-4;
SRI K.SACHINDRA KARANTH, ADV. FOR R-2 & R-3.]
-6-
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT
THE R-1 TO CONSIDER THE REPRESENTATION DATED
10.03.2016 VIDE ANNEXURE-Q GIVEN BY THE R-2 AND 3 AND
REPRESENTATION DATED 08.02.2017 VIDE ANNEXURE-R
GIVEN BY THE PETITIONER.
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:-
ORDER
The prayer sought in these writ petitions read thus:
In W.P. No.51200/2017:
"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.45050/2017:
"a) Issue a writ in the nature of mandamus directing the Respondent No.1 to consider the representation dated 10.03.2016 vide Annexure-P given by the Respondent No.2 and 3 and representation dated 08.02.2017 Annexure-Q given by the Petitioner."-7-
In W.P. No.45051/2017:
"a) Issue a writ in the nature of mandamus directing the Respondent No.1 to consider the representation dated 10.03.2016 vide Annexure-N given by the Respondent No.2 and 3 and representation dated 08.02.2017 vide Annexure-P given by the Petitioner."
In W.P. No.45053/2017:
"a) Issue a writ in the nature of mandamus directing the Respondent No.1 to consider the representation dated 10.03.2016 vide Annexure-Q given by the Respondent No.2 and 3 and representation dated 08.02.2017 Annexure-R given by the Petitioner."
2. Petitioner in W.P.No.51200/2017 is claiming to be the absolute owner of Site bearing No.264, measuring East to West 9.20 + 17.50 / 2 and North to South 12.19 meters; petitioner in W.P.No.45050/2017 is claiming to be the absolute owner of Site bearing No.291, measuring East to West 6.10 meters and North to South 12.19 meters; petitioner in W.P. No.45051/2017 is claiming to be the absolute owner of -8- Site bearing No.298, measuring East to West 6.10 meters and North to South 12.19 meters; petitioner in W.P.No.45053/2017 is claiming to be the absolute owner of Site bearing No.274, measuring East to West 6.10 meters and North to South 12.19 meters; all situated in M.K.S. Layout, 1st Stage, Lingadheeranahalli village, Bengaluru having acquired the same through a registered Sale Deeds from their vendors.
3. It is the grievance of the petitioners that respondent No.4 is trying to occupy some portion of the petitioners' sites, 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 for modification of the Layout plan, the same has been considered and endorsement dated 29.06.2017 has -9- 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 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' Sites sans issuing any notice. If that be the position, the petitioners are at liberty to make a fresh representations to respondent Nos.1 and 4 inasmuch as the interference of the authorities relating
- 10 -
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 Nos.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.
Writ petitions stand disposed of in terms of the above.
Sd/-
JUDGE PMR