Writ petition seeking acceptance of deposited site value with interest and execution of sale deed allotted by BDA. Court disposed of petition directing petitioner to approach the Keshavanarayana Committee.
Petitioner directed to approach the Justice Keshavanarayana Committee.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JANUARY, 2023
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.3240 OF 2022 (BDA)
BETWEEN:
SMT. P. MALLIKA, W/O PUSHPARAJ, AGED ABOUT 52 YEARS, R/AT NO.812, ANANDAPURAM, NEW THIPPASANDRA, BENGALURU – 560 075.
…PETITIONER
(BY SMT.KANCHANA MALA S, ADVOCATE FOR SRI.SUNDARESH H.C., ADVOCATE)
AND:
THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, T CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU – 560 020.
…RESPONDENT
(BY SRI.KARTHIKEYAN B.S., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CONSIDER THE REPRESENTATION FILED BY THE PETITIONER DATED 10.12.2010, 21.10.2021 AS PER ANNEXURE - F AND J RESPECTIVELY FOR ACCEPTING THE BALANCE SITAL VALUE DEPOSITED BY THE PETITIONER ALONG WITH 21 PERCENT INTEREST AND TO EXECUTE SALE DEED IN RESPECT OF THE SITE ALLOTTED. PURSUANT TO ALLOTMENT LETTER DATED
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30.12.2005 AS PER ANNEXURE - A BY CONSIDERATION CIRCULAR ISSUED BY THE RESPONDENT DATED 18.10.2007 AND 18.11.2010 AS PER ANNEXURE - D AND E RESPECTIVELY OR IN ALTERNATIVE IF THE SAME SITE IS NOT AVAILABLE ISSUE NECESSARY DIRECTION TO ALLOT ALTERNATIVE SITE IN FAVOUR OF THE PETITIONER.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The Petitioner seeks a Writ of Mandamus at the hands of this Court for considering her representations dated 10.12.2010 & 17.08.2021 respectively at Annexures - F & H, that are structured on the basis of Allotment Letter dated 30.12.2005, a copy whereof avails at Annexure-A. Learned counsel for the Petitioner heavily banks upon the BDA Circulars dated 18.10.2007 & 18.11.2010 copies whereof avails at Annexures - D & E in support of her case.
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has appointed Justice Keshavanarayana Committee for looking into grievances of the kind; therefore, the petitioner be relegated to approach the same. He also assures that Petitioner's representations would be forward to the said Committee at the earliest. This is absolutely fair.
In view of the above, this Writ Petition is disposed off. It hardly needs to be stated that the Committee being headed by the retired Judge of this Court would be considering Petitioner's grievance aired in the subject representations in accordance with law.
It is open to the petitioner to produce any other material supportive of her case, before the Committee.
No costs.
Sd/JUDGE
DS
1 provisions across 1 enactments
Smt. P. Mallika
The Commissioner, Bangalore Development Authority
Krishna S.Dixit
As recorded by the court registry
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