JANAKIRAMA REDDY, S/O LATE J.S. SRINIVASA REDDY Vs. THE BANGALORE METRO RAIL CORPORATION LTD., REPRESENTED BY ITS MANAGING DIRECTOR, THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY AND GOVERNMENT OF KARNATAKA, MINISTRY OF URBAN DEVELOPMENT REPR

JUDGEMENT

(1.) THE Petitioner seeks a writ of mandamus to the Respondent No. 2 to allot an open space to which he can shift his petrol bunk, which came to be closed down on account of the compulsory acquisition of land. The Petitioner claims to be a lessee under Subramanyeshwara Temple Trust in respect of the premises bearing No. 117, Old Madras Road, Bangalore. He was running the petrol bunk in the name and style of 'Ulsoor Service Station'. The said premises along with the adjoining properties were acquired for the benefit of the Respondent No. 1.

(2.) SRI Janardhana G, the learned Counsel for the Petitioner submits that the Respondent No. 1 has already written a letter, dated 23.7.2008 (Annexure -D) calling upon the Respondent No. 2 to allot a civic amenity site measuring about 5,000 sq.ft. for running the petrol bunks, which had closed down their operations on account of the compulsory acquisition of the land for the project. He submits that the Petitioner's representations to the Respondent No. 2 BDA and the Respondent No. 3 Government have not lead him anywhere. He pointedly brought to my notice the note, dated 19.6.2009 (Annexure -G) issued by the concerned Minister for processing the Petitioner's representation. He submits that as the same is issued by the then concerned Minister, it is virtually in the nature of the Government order.

(3.) SRI K. Krishna, the learned Counsel for the Respondent No. 1 submits that the first Respondent's letter, dated 23.6.2008 (Annexure -D) is only in the nature of the request. He submits that under the rehabilitation package (Annexure -R2), compensation of Rs. 11,47,370 (after deducting tax at source) is already disbursed to the Petitioner on 5.8.2008. He submits that the Petitioner is not entitled to any relief in this petition.