This writ petition was disposed of after the Bangalore Development Authority agreed to instruct its commissioner to look into the petitioner's representations regarding site allotment within three weeks.
The BDA was instructed to look into the petitioner's grievance within three weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No. 3908 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 3908 OF 2022 (BDA)
BETWEEN:
SMT. SHABHANA BANU, W/O LATE MOHAMMED HABIBULLA, AGED 42 YEARS, R/AT NO.1859/4, 5TH MAIN ROAD, RPC LAYOUT, VIJAYANAGARA, BENGALURU 560 040.
…PETITIONER
(BY SRI. H L PRADEEP KUMAR.,ADVOCATE)
AND:
Digitally signed by CHETAN B C Location: HIGH COURT OF KARNATAKA
REPT. BY ITS COMMISSIONER.
…RESPONDENTS (BY SRI.R SRINIVASA GOWDA.,AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R2 TO CONSIDER THE PETITIONERS REPRESENTATIONS DATED 28.09.2018, 28.12.2018 AND 16.11.2021 PRODUCED AS ANNEXURES-C, D AND E IN ACCORDANCE WITH LAW THEREBY ALLOT VACANT SITE IN CHANDRA LAYOUT, BANGALORE OR ANY OTHER LAYOUT FORMED BY THE R2.
WP No. 3908 of 2022
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner is grieving against the non-consideration of his representations dated 28.9.2018, 28.12.2018 & 16.11.2021, as per Annexures-C, D & E respectively wherein he has sought for allotment of stray site in terms of Rule 5 of the Bangalore Development Authority (Allotment of Sites) Rules, 1984. Learned counsel for the Petitioner heavily banks upon certain Circulars issued by the BDA providing for favourable consideration of such claims.
WP No. 3908 of 2022
Petitioner as aired in the subject representations, in accordance with law and in a time bound way provided that all contentions are kept open. This is appreciable.
In view of the above, Writ Petition is disposed off. The assurance given by learned Senior Panel Counsel on behalf of BDA shall be discharged within a period of three weeks.
It is open to Respondent - BDA to solicit any information/documents from the side of the Petitioner for due consideration of his Representations. However, in the guise of such solicitation, no delay shall be brooked.
Now, no costs.
Sd/JUDGE
cbc
1 issue framed by the court
Whether a writ lies directing the Respondent Authority to allot a vacant site.
2 provisions across 2 enactments
Smt. Shabhana Banu
The State of Karnataka Represented By Its Secretary
Bangalore Development Authority
Krishna S Dixit
As recorded by the court registry
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