Writ petition filed seeking record call and regularization of cluster houses built on property bearing Sy. No. 32/1. Court granted liberty considering petitions within 4 weeks while maintaining status quo.
Order to consider the subject representation dated 03.09.2021 within four weeks and maintain status quo.
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NC: 2024:KHC:43139-DB WP No. 25101 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
AND
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 25101 OF 2024 (LA-BDA)
BETWEEN:
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:43139-DB WP No. 25101 of 2024
ALL ARE RESIDENTS OF DODDABETTAHALLI VILLAGE VIDYARANYAPURA POST BENGALURU – 560 097.
…PETITIONERS
(BY SRI M.SHIVAPRAKASH, ADVOCATE)
AND:
REPRESENTED BY ITS CHIEF SECRETARY.
BENGALURU – 560 020.
BENGALURU – 560 020.
…RESPONDENTS
(BY SRI M.RAJAKUMAR, AGA FOR R1 AND R2;
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL
FOR THE ENTIRE RECORDS IN RESPECT OF THE PROPERTY BEARING SY. NO.-32/1 MEASURING AN EXTENT OF 32 GUNTAS OF DODDABETTAHALLI VILLAGE OF YALAHANKA HOBLI, BANGALORE NORTH TALUK BBMP WARD No-3.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and
HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
(PER: HON'BLE MR JUSTICE KRISHNA S DIXIT)
The petitioners are knocking at the doors of writ Court
with the following prayers:
“i. Call for the entire records in respect of the property bearing Sy.No.32/1 measuring an extent of 32 Guntas of Doddabettahalli Village of Yalahanka Hobli, Bangalore North Taluk BBMP Ward No.3
ii. To issue writ of Mandamus directing the Respondent to Authorities to consider the application No.03604 dated 03/09/2021 at ANNEXURE-F and contents in the backdrop of orders passed before the Hon'ble Supreme Court of India in SLP No.7661-7663 dated 03/08/2018, Misc. Application No.1614-1616/2019 Misc. No. 13461348/2019 and C.A.No.7661-7663/2018 by issue of Regularization Certificate to the Cluster Houses built and utilized in 32 Guntas by the petitioner and his families since 1988 onwards (Annex E);
NC: 2024:KHC:43139-DB WP No. 25101 of 2024
iii. Pass such other order/s as this Hon'ble Court deems fit and proper, in the circumstances of the case, in the interest of justice and equity
iv. Cost of the proceedings.”
Development Authority having opposed the petition, now fairly agrees that the subject representation would be considered in accordance with law and in a time bound manner, if liberty is granted. This is a happy thing to happen in the judicial process.
In view of the above, this writ petition is disposed off, directing Respondent Nos.2 & 3 – Bangalore Development Authority to consider the subject representation dated 03.09.2021, in accordance with law, within a period of four weeks. All contentions are left open. Till the consideration takes place and the result of such consideration is communicated to the petitioners, the status quo shall be maintained by both the parties.
It is open to Respondent Nos.2 & 3 to solicit any information or documents from the petitioners as are required
NC: 2024:KHC:43139-DB WP No. 25101 of 2024
for due consideration of the subject representation; however, in
that guise, delay shall not be brooked.
Ordered accordingly.
Costs made easy.
Sd/(KRISHNA S DIXIT) JUDGE
Sd/(M.NAGAPRASANNA) JUDGE
NVJ List No.: 1 Sl No.: 59 CT:SS
1 issue framed by the court
Whether the Bangalore Development Authority must consider regularization application for cluster houses built by petitioners since 1988?
SRI B.N.VENKATESH
DR. SHREE SAGAR B. V.
DR. PRIYANKA G. R.
DR. PRIYANKA B. V.
DR. CHETHAN KUMAR N.
THE STATE OF KARNATAKA
KRISHNA S DIXIT
M.NAGAPRASANNA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
