High CourtsSingle Bench(2023) 02 KAR CK 0012

M/S Keppel Purvankara Development Pvt Ltd. vs Bengaluru Development Authority, T Chowdaiah Road, Kumara Parak West, Bengaluru-560020. Rep By Its Commissioner

Karnataka High Court · Decided on 2 February 2023

HON’BLE JUDGES
Krishna S.Dixit, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 681 Of 2023 (BDA)

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Judgment

9 paragraphs · 272 words

Krishna S Dixit, J

1.

Petitioner is knocking at the doors of Writ Court with the following prayers:

a) “Issue a writ, order, or direction in the nature of mandamus to the Respondent to remove the encroachment on the portion of the lands relinquished by the Petitioner for the purpose of formation of public road as per the relinquishment deed dated 14.05.2008 registered as Document Np.BNG(U)-JPN/734-2008-09 stored in CD No.JPND25 registered in the office of the Senior Sub Registrar J P Nagar, produced as Annexure-A.

b) Issue a Writ order or direction in the nature of mandamus to consider and give effect tot eh representation of the Petitioner to the Respondent produced as Anenxure-NM1 dated 11.11.2022 in a time period to be specified by this Hon’ble Court.”

2.

Learned Panel Counsel on request having accepted notice for the Respondent – BDA opposes the Petition contending that the matter partakes the character of a civil dispute and therefore, the Petitioner be relegated the Civil Court for the redressal of his grievance. Having so contended, he now fairly agrees to instruct his client to look into the grievance as aired by the Petitioner in his Representation dated 11.11.2022 (Annexure-N1) in accordance with law, should all contentions be kept open. This is appreciable.

In view of the above, this Writ Petition is disposed off.

Time for compliance is eight weeks, all contentions having been kept open.

No costs.

It is open to the Respondent – BDA to solicit any information/documents from the side of the Petitioner for due consideration of the subject Representation; however, in the guise of such solicitation, no delay shall be brooked.