Sri Munishyamappa vs The State Of Karnataka
2022 Latest Caselaw 11253 Kant

                           1



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 2ND DAY OF AUGUST 2022

                       PRESENT

            THE HON'BLE MR. ALOK ARADHE
                ACTING CHIEF JUSTICE

                          AND

     THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY

              W.A. NO.3 OF 2022 (LA-BDA)

BETWEEN:

      SRI. MUNISHYAMAPPA
      SINCE DEAD BY HIS LRS.

1.    SMT. GOWRAMMA
      AGED ABOUT 52 YEARS
      D/O LATE MUNISHYAMAPPA
      R/AT THAVATAHALLI
      HOSAKOTE TALUK
      BENGALURU RURAL DISTRICT - 562 114.

2.    SRI. GOWDA RAJU
      AGED ABOUT 50 YEARS
      S/O LATE MUNISHYAMAPPA
      R/AT KEMPEGOWDA MAIN ROAD
      DASARAHALLI, HEBBALA POST
      BENGALURU - 560 024.

3.    SRI. D.M. CHANDRAPPA
      AGED ABOUT 45 YEARS
      S/O LATE MUNISHYAMAPPA
      R/AT KEMPEGOWDA MAIN ROAD
      DASARAHALLI,
                             2



     HEBBALA POST
     BENGALURU - 560 024.
                                           ... APPELLANTS
(BY MR. SHANKAR REDDY, ADV.,)

AND:

1.     THE STATE OF KARNATAKA
       REP. BY ITS PRINCIPAL SECRETARY
       URBAN DEVELOPMENT DEPARTMENT
       MULTISTORIED BUILDING
       DR. B.R. AMBEDKAR VEEDHI
       BENGALURU - 560 001.

2.     BENGALURU DEVELOPMENT AUTHORITY
       KUMARA PARK WEST
       BENGALURU - 560 020
       REP. BY ITS COMMISSIONER.

3.     THE SPECIAL LAND ACQUISITION OFFICER
       BENGALURU DEVELOPMENT AUTHORITY
       KUMARA PARK WEST, BENGALURU - 560 020.

                                      ... RESPONDENTS
(BY MR. J. SATHISH KUMAR, AGA FOR R1
    MR. AJAY KUMAR M, ADV., FOR R2 & R3)
                         ---

     THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO CALL FOR
RECORDS IN WP NO 53854/2014 FROM THE OFFICE OF
THIS HONBLE COURT PERUSE THE SAME HEAR THE
APPELLANTS AND ALLOW THE ABOVE APPEAL BY SETTING
ASIDE THE IMPUGNED ORDER DATED 27.09.2021 PASSED
THEREIN BY ALLOWING THE WP.

     THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ACTING CHIEF JUSTICE, DELIVERED
THE FOLLOWING:
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                             JUDGMENT

Mr.C.Shankar Reddy, learned counsel for the

appellants.

Smt.J.Sathish Kumar, learned Additional Government

Advocate for the respondent No.1.

Mr.Ajay Kumar M., learned counsel for the respondent

Nos.2 and 3.

This intra Court appeal has been filed against the

judgment dated 27.09.2021 passed by the learned Single

Judge in W.P.No.53854/2014 by which the writ petition

preferred by the appellants has been disposed of.

2. Learned counsel for the appellants submitted that

the appellants had sought for the following relief in the writ

petition:

"(a) Issue a writ of certiorari quashing the modified final notification dated 18.06.2014 issued by the first respondent in UDD 426/MNJ 2011 as per Annexure 'Q' and consequently pleased to hold that preliminary notification issued in No.BDA/commr/ALAO/AL9/104/2002- 03 dated 3.2.2003 as per Annexure 'N' and final

notification dated 23.2.2004 issued by the first respondent in No.UDD 193 MNX 2004 as per Annexure 'P' does not survive.

3. It is submitted that the writ petition preferred by the

appellants was disposed of by a common judgment.

Therefore, the learned Single Judge did not direct the

grievance of the appellants to be considered by the

Committee constituted by the learned Single Judge. It is also

submitted that the writ appeal be disposed of with a direction

to the Committee constituted by the learned Single Judge to

consider the grievance of the appellants as stated in prayer

clause (a) in the writ petition and to the aforesaid extent, the

judgment dated 27.09.2021 passed in W.P.No.53854/2014

be modified.

4. On the other hand, learned counsel for the

respondent Nos.2 and 3 submitted that the Committee

constituted by the learned Single Judge shall consider the

grievance of the appellants.

5. In view of the aforesaid submission and in the facts

of the case, it is directed that the Committee constituted by

the learned Single Judge shall consider the grievance of the

appellants by a speaking order. Needless to state that the

appellants shall be granted liberty to submit a representation

before the Committee. The Committee shall complete the

exercise within a period of two months from today.

To the aforesaid extent, the judgment dated

27.09.2021 passed in W.P.No.53854/2014 is modified.

It is made clear that this Court has not expressed any

opinion on the merits of the case.

Accordingly, the appeal is disposed of.

Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE

RV