The petitioner sought a writ of mandamus to compel the BDA to execute a lease agreement for a civic amenity site and grant possession. The court dismissed the petition after perusing records, noting that payment alone does not create a legal right and the land remains pending in another suit. The petition is disposed of.
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NC: 2023:KHC:36144 WP No. 5928 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 5928 OF 2023 (BDA)
BETWEEN:
SRI. MANJUNATHA SEVA TRUST NO.63, IST MAIN, 2ND CROSS, DOLLARS COLONY, RMV II STAGE, BENGALURU-560094 REPRESENTED BY ITS MANAGING TRUSTEE, DR. MANJE GOWDA.
…PETITIONER
(BY SRI. MURALIDHAR H M., ADVOCATE)
AND:
Digitally signed by SUMA B N Location: High Court of Karnataka
BENGALURU DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560020 REPRESENTED BY ITS COMMISSIONER
…RESPONDENT
(BY SRI. G LAKSHMEESH RAO., ADVOCATE)
THIS WRIT PEITITION IS FILED UNDER ARTICLES 226 & 277 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
NC: 2023:KHC:36144 WP No. 5928 of 2023
THE RECORDS ON THE FILE OF THE RESPONDENT, PERUSE THE SAME, ALLOW THE WRIT PETITION, ISSUE WRIT IN THE NATURE OF MANDAMUS TO THE RESPONDENT TO CONSIDER PETITIONER'S APPLICATION DATED 01.04.2021 AT ANNEXUREF1, EXECUTE THE LEASE AGREEMENT OF CIVIC AMENITY SITE NO.3/B , MEASURING 10,701.16 SQ.MTRS AT SIR M.V LAYOUT, 4TH BLOCK, BENGALURU, BY ACCEPTING ANNUITY FIXED IN THE NOTIFICATION DATED 19.03.2021 NO. BDA/ COMMISSIONER/ CA-SITES/ 245/20-21 VIDE ANNEXURE-F AND PUT THE PETITIONER IN POSSESSION OF THE SAID SITE.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed seeking for a direction to the respondent-BDA to consider the application dated 01.04.2021 produced at Annexure-F-1 and execute lease agreement of Civic Amenity Site No.3/B, measuring 10701.16 sq. mtrs. situated in Sir Visweshwariah Layout, 4th Block, Bangalore by accepting the annuity fixed in the notification dated 19.03.2021 vide Annexure-F and put the petitioner in possession of the said site.
BDA referring to the statement of objections filed on behalf of the respondent-BDA submits that Civic Amenity site in question is carved out in the land forming part of Sy.No.25 of Sonnenahalli Village which is the subject matter of W.P.Nos.28596-28600/2018 pending consideration before this Court and unless and until said writ petition is disposed of respondent authority will not be able to consider representation of the petitioner for civic amenity site. Hence, seeks dismissal of the petition.
NC: 2023:KHC:36144 WP No. 5928 of 2023
4. Heard and perused the records.
NC: 2023:KHC:36144 WP No. 5928 of 2023
Reserving liberty to the petitioner to seek appropriate remedy at appropriate time if need be and if advised, petition is disposed of.
Sd/JUDGE
SBN
3 issues framed by the court
Whether the High Court can issue a writ of mandamus directing the BDA to execute a lease agreement for a civic amenity site.
Whether mere payment of money in response to a publication creates a legal right enforceable by mandamus.
Whether an application can be disposed of when the underlying land is the subject matter of a pending writ petition.
1 provisions across 1 enactments
Sri. Manjunatha Seva Trust No.63
Bengaluru Development Authority
MJ Mr Justice M.G.S. Kamal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
