Karnataka High Court
Smt A C Bhaygamma vs The State Of Karnataka on 17 February, 2023
Bench: Krishna S.Dixit
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WP No. 1224 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 1224 OF 2023 (LA-BDA)
BETWEEN:
SMT. A C BHAYGAMMA,
W/O NARASAIAH,
AGED ABOUT 77 YEARS,
R/AT 563/O, 1ST 'A' CROSS, 3RD STAGE,
4TH BLOCK, BASAVESHWARANAGAR,
BENGALURU - 560 079.
(THE PETITIONER IS NOT CLAIMING
SENIOR CITIZEN BENEFIT)
...PETITIONER
(BY SRI. SUNDARESH H C.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPT BY ITS PRINCIPAL SECRETARY,
Digitally
signed by URBAN DEVELOPMENT DEPARTMENT,
CHETAN B C
Location:
M S BUILDING, BENGALURU - 560 001.
HIGH COURT
OF
KARNATAKA 2. THE COMMISSIONER,
BANGALORE DEVELOPMENT AUTHORITY,
T CHOWDAIAH ROAD, KUMARA PARK WEST,
BENGALURU - 560 020.
3. THE SPECIAL LAND ACQUISITION OFFICER,
BANGALORE DEVELOPMENT AUTHORITY,
T CHOWDAIAH ROAD, KUMARA PARK WEST,
BENGALURU - 560 020.
...RESPONDENTS
(BY SRI.R SRINIVASA GOWDA.,ADVOCATE FOR R1;
SRI. MURUGESH V CHARATI, ADVOCATE FOR R2 & R3)
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WP No. 1224 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE WRIT TO CONSIDER THE REPRESENTATION FILED BY
THE PETITIONER BEFORE THE R2 DTD 16.07.2015, 06.11.2018
AND 09.01.2020 AS PER ANNEXURES-E, E1 AND E2
RESPECTIVELY FOR ALLOTMENT OF ALTERNATIVE SITES IN
LIEU OF ACQUISITION OF PETITIONERS REVENUE SITE
BEARING NO.184, KHATHA NO.26/3, MEASURING 30 X 40
SITUATED AT SONNENAHALLI VILLAGE, KENGERI HOBLI,
BENGALURU SOUTH TALUK FOR THE PURPOSE OF FORMATION
OF SIR M V LAYOUT, PURSUANT TO INTIMATION LETTER
BEARING NO.BDA/SLAO/113/05-06 ISSUED BY THE 3RD
RESPONDENT AS PER ANNEXURE-D DTD 06.01.2006 BY FIXING
ALLOTMENT PRICE PREVAILING AT THE TIME OF
REGISTRATION FOR ALLOTMENT OF SITE.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The subject matter of this Writ Petition is
substantially similar to the one in W.P.No.1225/2023,
between SMT. B UMA VS. THE STATE OF KARNATAKA AND
OTHERS, disposed off by this court vide judgment dated
14.02.2023. The operative portion of the said judgment
reads as under:
"In view of the above, the Writ Petition is
disposed off, costs having been made easy. The
entire task as undertaken by Respondents shall
be accomplished within a period of three
months, all contentions being kept open.
It is open to the answering Respondent to
solicit any information/documents from the side
of the Petitioner for due consideration of his
WP No. 1224 of 2023
Representation. However, in the guise of such
solicitation, no delay shall be brooked."
2. Learned counsel for the Petitioner submits that
his client being placed with similar situation, relief needs
to be extended to him, there being no repugnant factors
that militate against the grant.
3. The Division Bench of this Court in
W.A.Nos.932-933/1974 between A.V.VINODA &
ANOTHER Vs. STATE OF KARNATAKA BY ITS
COMMISSIONER & SECRETARY disposed off on
11.12.1974, has held that the Court should treat like-
cases alike and if relief is granted to a litigant, similar
relief cannot be denied to other similarly circumstanced
litigant as well, there being no derogatory circumstances.
In view of the above, Writ Petition is disposed off
extending the same relief as has been granted to the
litigant in the cognate Writ Petition mutatis mutandis.
Costs made easy.
Sd/-
JUDGE
cbc
