Sri N G Mahadevaiah vs The Commissioner
2024 Latest Caselaw 9463 Kant

Karnataka High Court

Sri N G Mahadevaiah vs The Commissioner on 1 April, 2024

Author: N S Sanjay Gowda

Bench: N S Sanjay Gowda

                                      -1-
                                                    NC: 2024:KHC:13130
                                                WP No. 3210 of 2024




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 1ST DAY OF APRIL, 2024

                                    BEFORE
                   THE HON'BLE MR JUSTICE N S SANJAY GOWDA
                     WRIT PETITION NO. 3210 OF 2024 (BDA)
            BETWEEN:

            1.    SRI N G MAHADEVAIAH
                  S/O LATE SRI GURUCHENNABASAPPA,
                  AGED ABOUT 82 YEARS,
                  RESIDING AT NO 43, 9TH MAIN,
                  M C LAYOUT, VIJAYANAGARA,
                  BENGALURU 560040
                                                         ...PETITIONER
            (BY SRI. HARISH N.R., ADVOCATE)

            AND:

            1.    THE COMMISSIONER
                  BENGALURU DEVELOPMENT AUTHORITY,
                  KUMARAKRUPA PARK WEST,
                  T CHOWDAIAH ROAD, BENGALURU 560020.
                                                        ...RESPONDENT
Digitally
signed by   (BY SRI. K. KRISHNA.,ADVOCATE)
KIRAN
KUMAR R
Location:        THIS WRIT PETITION IS FILED UNDER ARTICLES 226
HIGH        AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
COURT OF
KARNATAKA   DIRECT    THE    RESPONDENT    TO   CONSIDER     THE
            REPRESENTATION DATED 17.05.2023 AND REPRESENTATION
            DATED 10.08.2023, PRODUCED AND MARKED AS ANNEXURE-C
            AND E TO THE WRIT PETITION AND FURTHER DIRECT THE
            RESPONDENT TO RECONVEY THE SITE BEARING NO.19 AS PER
            SECTION 38(c) OF BENGALURU DEVELOPMENT AUTHORITY
            ACT OR TO ALLOT ANY ALTERNATIVE SITE AS PER THE
            JUDGMENT AND DECREE PASSED BY THE LEARNED XXVII
            ADDL. CITY CIVIL JUDGE BENGALURU IN O.S.NO.3694/2002
            DATED 13.11.2015 PRODUCED AND MARKED AS ANNEXURE-A
            TO THE WP
                                 -2-
                                               NC: 2024:KHC:13130
                                              WP No. 3210 of 2024




     THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:


                             ORDER

1. The prayer in this Writ Petition is to direct the

respondent to consider the representations dated

17.05.2023 and 10.08.2023 by which the petitioner is

seeking for a direction to the respondents to re-convey the

site bearing No.19 or, in the alternative, grant an alternate

site, as decreed in his favour in O.S. No.3694/2002.

2. It is also stated that this suit was challenged by filing

an appeal in R.F.A. No.1307/2016 and the same was

dismissed for non-prosecution on 10.04.2023, and

thereafter, applications have been made asking the

Bengaluru Development Authority to comply with the

decree of the Trial Court.

3. In view of the above, it would be appropriate to

direct the respondents to consider the representations

made by the petitioner for complying with the judgment

and decree passed in O.S. No.3694/2002 and as confirmed

NC: 2024:KHC:13130

in R.F.A. No.1037/2016 within a period of two months

from the date of receipt of a copy of this order.

Sd/-

JUDGE

HNM