Karnataka High Court
Sri D L Venkatesh vs The State Of Karnataka on 4 April, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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NC: 2024:KHC:14013
WP No. 56475 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
WRIT PETITION NO. 56475 OF 2014 (LA-BDA)
BETWEEN:
1. SRI D L VENKATESH
S/O LAKSHMINARAYANA RAO,
AGED ABOUT 35 YEARS,
R/O NO.358, 42ND CROSS,
8TH BLOCK, JAYANAGAR,
BANGALORE-560070.
2. SMT ANURADHA R
W/O K S VASUDEVA
AGED ABOUT 47 YEARS,
R/O NO.111, 42ND CROSS,
8TH BLOCK JAYANAGAR,
BANGALORE-560070
3. SMT SUMA JAIRAM
D/O M V JAIRAM
Digitally AGED ABOUT 40 YEARS,
signed by
KIRAN R/O NO.29, 4TH TEMPE STREET,
KUMAR R 15TH CROSS, MALLESHWARAM,
Location:
HIGH BANGALORE-560003.
COURT OF
KARNATAKA
4. SMT J HEMA
D/O M V JAIRAM,
AGED ABOUT 42 YEARS,
NO.5/89, 12TH MAIN, 2ND BLOCK,
RJAJINAGAR, BANGALORE-560010.
5. SRI M CHANDRASEKHARAIAH
S/O M VEERABHADAIAH,
AGED ABOUT 48 YEARS,
R/O NO.5/89, 12TH MAIN, 2ND BLOCK,
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WP No. 56475 of 2014
RAJAJINAGAR, BANGALORE-560010.
6. SMT PRAMEELAMMA
W/O M KOTRESH,
AGED ABOUT 57 YEARS,
R/O NO.467/B, NEW BEL ROAD,
DEVASANDRA, BANGALORE-560054.
7. SMT S MANJULA
W/O G MURTHY,
AGED ABOUT 48 YEARS,
R/O NO.2/2, 11TH CROSS,
4TH MAIN, CHOWDAPPA LAYOUT,
BAPUJINAGAR, BANGALORE-560026.
8. SRI U N PRAKASH KUMAR
S/O LATE U NAGESH RAO,
AGED ABOUT 44 YEARS,
R/O NO.18/33/1, MEGHA NILAYA, 1ST MAIN ROAD,
MARENAHALLI, VIJAYANAGAR, BANGALORE-560040.
9. SRI B GANESH RAO
S/O ALTE V BABU RAO,
AGED ABOUT 70 YEARS,
R/O NO.14, 5TH CORSS, 3RD MAIN,
VENKATARANGAPURA, PALACE GUTTAHALLI,
BANGALORE-560003.
10. SMT R SUJATHA
W/O SURENDRA KUMAR
AGED ABOUT 42 YEARS,
R/O NO.18/31, GURUKRUPA KALYANI,
1ST MAIN, MARENAHALLI, VIJAYANAGAR,
BANGALORE-560040.
11. SMT R GAYATHRI
W/O G REVANKAR,
AGED ABOUT 44 YEARS,
R/O NO.18/31, GURUKRUPA KALYANI,
1ST MAIN, MARENAHALLI, VIJAYANAGAR,
BANGALORE-560040.
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WP No. 56475 of 2014
12. SRI A BASAVARAJU
S/O LATE APPANNAPPA,
AGED ABOUT 78 YEARS,
R/O NO.2279/30, 3RD A MAIN,
4TH CROSS, R P C LAYOUT,
VIJAYANAGAR II STAGE,
BANGALORE-560040.
13. SMT H LAKSHMIKANTHA
W/O N LAKSHMINARASIMHAIAH,
AGED ABOUT 51 YEARS,
R/O NO.5, 3RD MAIN, PALACE GUTTAHALLI,
BANGALORE-560003.
14. SMT S VASUMATHI
D/O SRINIVASA KALLURAYA
AGED ABOUT 51 YEARS,
R/O NO.164, R B I LAYOUT
PUTTENAHALLI, NEAR J P NAGAR,
BANGALORE-560078.
15. SRI R SRIKANTH
S/O RAJAMANIKYAM,
AGED ABOUT 42 YEARS,
NO.111, 42ND CROSS, 8TH BLOCK,
JAYANAGAR, BANGALORE-560082
...PETITIONERS
(BY SRI. H N BASAVARAJU., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY,
DEPARTMENT OF HOUSING & URBAN
DEVELOPMENT, VIDHANA SOUDHA,
BANGALORE-560001.
2. THE BANGALORE DVELOPMENT AUTHORITY
BY ITS COMMISSIONER
KUMARA KRUPA WEST, T CHOWDAIAH ROAD,
BANGALORE-560020.
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3. THE SPECIAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY,
KUMARA KRUPA TEMPLE, T CHOWDAIAH ROAD,
BANGALORE-560020
...RESPONDENTS
(BY SRI. MANJUNATHA RAYAPPA, AGA for R-1;
SRI. MURUGESH V.CHARATI, ADVOCATE FOR R-2 & R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECTING THE 2ND RESPONDENT BANGALORE
DEVELOPMENT AUTHORITY TO FORM A POLICY DECISION IN
THE LIGHT OF THE DIRECTIONS ISSUED BY THIS HONBLE
COURT IN JUNJAMMAS CASE REPORTED IN ILR 2005 KAR 608,
EXTRACT OF WHICH IS MARKED AS ANNEXURE-S, IN SO FAR
AS THE PETITIONERS ARE CONCERNED, ETC.
THIS PETITION, COMING ON FOR HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioners herein, who are the General Power of
Attorney holders, are seeking for a direction to the
Bangalore Development Authority (BDA) to form a policy
decision and to consider the grievances made by them
vide their representations at Annexures-Y to Y5 in the light
of the directions issued in JUNJAMMA AND OTHERS Vs.
THE BANGALORE DEVELOPMENT AUTHORITY - ILR 2005
KAR 608 at paragraphs (i) and (j) of the operative portion
of the said judgment.
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2. In the light of the above decision, it would be
appropriate to direct the BDA to consider the grievance of
the petitioners, who are the General Power of Attorney
holders and in its discretion, to consider whether they are
entitled to allotment of a site. The BDA shall consider the
representations of the petitioners at Annexures-Y to Y5
within a period of three months from the date of receipt of
a copy of this order. The petitioners shall also be
permitted to submit additional representations with
supporting documents.
3. Writ Petition is accordingly disposed of.
Sd/-
JUDGE
PKS
