Vimal Kishore vs The State Of Karnataka
2022 Latest Caselaw 6032 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 4TH DAY OF APRIL 2022

                         PRESENT

         THE HON'BLE MR. JUSTICE ALOK ARADHE

                               AND

     THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY

             W.A. NO.141 OF 2022 (LA-BDA)
                          IN
             W.P.No.1919 OF 2021 (LA-BDA)

BETWEEN:

VIMAL KISHORE
S/O ARJUNLAL PITALIYA
AGED ABOUT 50 YEARS
R/AT.NO.301, DOLLARS NEST APARTMENT
1ST CORSS, 3RD MAIN
DEVAPPA GARDEN, NAGASHETTIHALLI
BENGALURU 560 094.
                                        ... APPELLANT
(BY MR. KIRAN V. RON, ADV.,)

AND:

1.    THE STATE OF KARNATAKA
      DEPARTMENT OF URBAN DEVELOPMENT
      VIDHANA SOUDHA
      DR. B.R. AMBEDKAR VEEDHI
      BENGALURU - 560 001
      BY ITS SECRETARY.

2.    BENGALURU DEVELOPMENT AUTHORITY
      KUMARA PARK WEST
      SANKEY ROAD
      BENGALURU 560001
      REP. BY ITS COMMISSIONER.
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3.   THE SPECIAL LAND ACQUISITION OFFICER
     BENGALURU DEVELOPMENT AUTHORITY
     KUMARA PARK WEST
     SANKEY ROAD, BENGALURU 560001.

                                            ... RESPONDENTS
(BY MRS. VANI H, AGA)
                             ---

      THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO CALL FOR RECORDS OF WRIT
PETITION No.1919/2021 ALLOW THE PRESENT APPEAL AND SET
ASIDE THE ORDER DATED 29.11.2021 PASSED BY THE LEARNED
SINGLE JUDGE OF THIS HONBLE COURT IN WRIT PETITION
No.1919/2021(LA-BDA). ALLOW THE WRIT PETITION FILED BY
THE APPELLANT IN WP No.1919/2021. IN THE ALTERNATIVE
REMAND THE MATTER TO THE LEARNED SINGLE JUDGE FOR
CONSIDERATION OF THE WRIT PETITION IN WP No.1919/2021 ON
ITS MERITS.

     THIS W.A. COMING ON FOR ORDERS,              THIS     DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:

                           JUDGMENT

Mr.Kiran V.Ron, learned counsel for the appellant.

Smt.Vani H., learned Additional Government Advocate

for the respondent No.1.

This intra Court appeal has been filed against the order

dated 29.11.2021 passed by the learned Single Judge in

W.P.No.1919/2021 (LA-BDA).

2. When the matter was taken up today, learned

counsel for the appellant fairly submitted that the aforesaid

decision of the learned Single Judge has already been upheld

by a Division Bench of this Court vide judgment dated

22.12.2021 passed in W.A.No.1363/2021.

3. In view of the aforesaid submission and for the

reasons assigned by the Division Bench of this Court in

W.A.No.1363/2021 and with a view to maintain parity, this

appeal is also dismissed.

Sd/-

JUDGE

Sd/-

JUDGE

RV