LAWS(KAR)-2023-3-49

SHABHANA BANU Vs. STATE OF KARNATAKA

Decided On March 07, 2023
Shabhana Banu Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) Petitioner is grieving against the non-consideration of his representations dtd. 28/9/2018, 28/12/2018 and 16/11/2021, as per Annexures-C, D and E respectively wherein he has sought for allotment of stray site in terms of Rule 5 of the Bangalore Development Authority (Allotment of Sites) Rules, 1984. Learned counsel for the Petitioner heavily banks upon certain Circulars issued by the BDA providing for favourable consideration of such claims.

(2.) Learned AGA appears for the 1st Respondent and learned Senior Panel Counsel appears for the 2nd Respondent-BDA; both they oppose the Petition contending that grant of site is not a matter of right or course and therefore, unless the right as such is demonstrated, no writ lies. Having so contended, learned Senior Panel Counsel appearing for the BDA agrees to instruct his client to look into the grievance of the Petitioner as aired in the subject representations, in accordance with law and in a time bound way provided that all contentions are kept open. This is appreciable.

(3.) In view of the above, Writ Petition is disposed off. The assurance given by learned Senior Panel Counsel on behalf of BDA shall be discharged within a period of three weeks.