Disposed

M. Sadashiva v. the Secretary

Karnataka HC10 Apr 2023WP/25852/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by ex-defence personnel seeking allotment of sites. Relying on a Supreme Court decision, the Court directed the respondents to consider the petitioners' representations in a time-bound manner while keeping contentions open.

What did the court decide?

Direction to the respondents to consider the petitioners' representations for allotment of sites in a time-bound manner.

M. Sadashiva Vs the Secretary — Writ and Judicial Review | Karnataka HC (2023)

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1 - WP No. 25852 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF APRIL, 2023

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BEFORE

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THE HON'BLE MR JUSTICE KRISHNA S DIXIT

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WRIT PETITION NO. 25852 OF 2022 (BDA)

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BETWEEN:

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M. SADASHIVA, S/O. N. A. MUNISWAMY, AGED ABOUT 65 YEARS, NO. 425/10, 4^TH CROSS, 1^ST A MAIN, PILLAREDDY LAYOUT, BANASWADI, BENGALURU, KARNATAKA-560 043.

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S. CHARLES S/O. SAVARIYAPPAN, AGED ABOUT 55 YEARS, NO. 18, 1^ST FLOOR, 1^ST CROSS, L.R. NAGAR, VIVEKNAGAR, BENGALURU, KARNATAKA-560 104.

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Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA

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S. KOLAN DESU, S/O. M. SAVARIYAPPAN, AGED ABOUT 63 YEARS, NO. 02, 9^TH CROSS, R.A. ROAD, EJIPURA, BENGALURU SOUTH, BENGALURU, KARNATAKA-560 047.

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A. LAWRENCE S/O. ARUL DAS, AGED ABOUT 46 YEARS, NO. 650, 3^RD CROSS, 1^ST NEW MAIN ROAD, KORAMANGALA POST OFFICE, SHASTHRI NAGAR, VIVEKANAGAR, BENGALURU, KARNATAKA-560 047.

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WP No. 25852 of 2022

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S. ROBERT JOHN

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S/O. M. SAVARIYAPPAN, AGED ABOUT 45 YEARS, NO. 125, 15^TH CROSS, OPPOSITE NATIONAL GAME VILLAGE, AMBEDKARNAGAR, BENGALURU SOUTH, BENGALURU, KARNATAKA-560 047.

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CHINNAPPAN. S S/O. SAVARIMUTHU, AGED ABOUT 76 YEARS, DOOR NO. 364/1, 4^TH CROSS, BABUSAPALYA,NANJAPPA GARDEN, KALYAN NAGAR POST, BENGALURU NORTH, BENGALURU, KARNATAKA-560 043.

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PHILIP S/O. RAYAPPAN, AGED ABOUT 84 YEARS, NO. 78, 25^TH CROSS, L.R. NAGAR, N.G.V. BENGALURU SOUTH, BENGALURU, KARNATAKA-560 047.

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AROKIANATHAN

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S/O. S. ANTHONY SAMY, AGED ABOUT 52 YEARS, NO. 451, 5^TH CROSS, AMBEDKAR NAGAR, KORAMANGALA, 3^RD STAGE, BENGALURU SOUTH, BENGALURU, KARNATAKA-560 047.

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KUMARESH S/O. RAJABOSE, AGED ABOUT 45 YEARS, C/O. RAJABOSE, NO. 76, MUDAPPA CROSS ROAD, ORION MALL, JAI BHARATHI NAGAR, BENGALURU, KARNATAKA-560 033.

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M. JAYASHEELAN (BY HIS WIFE SARASWATHI) S/O. MUNISWAMY, AGED ABOUT 55 YEARS,

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3 - WP No. 25852 of 2022

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NO. 15/85, 1^ST FLOOR, 3^RD CROSS, JAI BHARATHI NAGAR, BENGALURU NORTH, BENGALURU, KARNATAKA-560 033.

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V. SHANMUGUM S/O. VENKATAPATHI, AGED ABOUT 74 YEARS, NO. 42, AYYANNA COMPOUND, SATHYANAGAR, SATHYA NAGAR POST, BENGALURU, KARNATAKA-560 033.

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IRAPPA S/O. KUTOLI SHANKARAPPA, AGED ABOUT 56 YEARS, NO. 3562, A25, ANKI ROAD, ANKLE, BELGUAM, SANKESHWAR, KARNATAKA-591 313.

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SARAVANAN S/O. CHELLAN. P, AGED ABOUT 56 YEARS, NO. 186/05, MUDDANNA LAYOUT, HENNUR CROSS, BENGALURU NORTH, BENGALURU, KARNATAKA-560 043. NOTE: P1,P6, P7 & P11 ARE NOT CLAIMED SENIOT CITIZENSHIP …PETITIONERS (BY SRI. HAREESH BHANDARY T.,ADVOCATE)

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AND:

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THE SECRETARY URBAN DEVELOPMENT, VIKASA SOUDHA, BENGALURU-560 001.

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THE COMMISSIONER B.D.A. SANKEY ROAD, BENGALURU-560 002.

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…RESPONDENTS (BY SRI.R SRINIVASA GOWDA., AGA FOR R1; SRI.M V CHARATI.,ADVOCATE FOR R2)

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WP No. 25852 of 2022

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RSPONDENTS TO CONSIDER THE REPRESENTATIONS DATED 15.06.2022 AND 16.06.2022 VIDE ANNEXURE B, B1, B2, B3, B4, B5, B6, B7, B8, B9, B10, B11, B12 AND B13 FILED BY THE PETITIONERS FOR ALLOTMENT OF SITES TO THE RESPECTIVE PETITIONERS IN ANY LAYOUT DEVELOPED BY THE AUTHORITY UNDER THE RULES.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The short grievance of the Petitioners who claim to

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be Ex-Defence Personnel is as to non-consideration of

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their Representations all dated 15.06.2021 and

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16.06.2022 (Annexures B, B1 to B13).

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Learned AGA appearing for the 1^st Respondent

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and learned Panel Counsel Mr. Murugesh V Charati, appearing for the 2^nd , resist the Writ Petition contending that the preferential allotment of sites in favour of the ExDefence Personnel depends upon applications invited by notification by the BDA in terms of Rule 11(1) of Bangalore Development Authority (Allotment of sites) Rules, 1984.

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They also point out that in respect of the claim for the allotment of stray sites, now nothing can be done in view

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WP No. 25852 of 2022

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of Apex Court decision rendered in Civil Appeal Nos. 7661-

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7663/2018 between BANGALORE DEVELOPMENT AUTHORITY VS. STATE OF KARNATAKA, disposed off on 20.01.2023. Having so contended, learned Panel Counsel for the Respondent – BDA agrees to instruct his clients to look into the grievance of the Petitioners as has been aired in the subject Representations in accordance with

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law and in a time bound way. This is appreciable.

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In view of the above, this Writ Petition is disposed

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off, all contentions having been kept open.

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Costs made easy.

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Sd/JUDGE

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Bsv

M. Sadashiva v. the Secretary

Case brief

What is this about?

What did the court decide?

M. Sadashiva v. the Secretary

Case brief

What is this about?

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