The Bengaluru Development ... vs Smt. Rajalakshmi. V. P
2022 Latest Caselaw 12449 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 13TH DAY OF OCTOBER 2022

                      PRESENT

            THE HON'BLE MR. ALOK ARADHE
                ACTING CHIEF JUSTICE

                        AND

  THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY

              W.A. NO.847 OF 2022 (BDA)
                          IN
              W.P.NO.2040 OF 2018 (BDA)
BETWEEN:

THE BENGALURU DEVELOPMENT AUTHORITY
KUMARAPARK WEST
T. CHOWDAIAH ROAD
BANGALORE-560 020
REP. BY ITS COMMISSIONER.
                                          ... APPELLANT
(BY MR. VACHAN B, ADV., FOR
    MR. MURUGESH V. CHARATI, ADV.,)

AND:

SMT. RAJALAKSHMI V.P.
W/O SRI. GURURAJ S.P.
AGED ABOUT 56 YEARS
R/AT NO.118, 1ST FLOOR
18TH CROSS, 3RD MAIN
VIGNESHWARANAGARA LAYOUT
HOYSALA NAGAR, BENGALURU NORTH
DOORAVANINAGAR, BENGALURU-560 016.
                                      ... RESPONDENT
                         ---
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    THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET-ASIDE THE
ORDER DATED 03/11/2020 PASSED BY THE HON BLE
LEARNED SINGLE JUDGE IN WP NO.2040/2018 AND ALLOW
THE WRIT APPEAL BY DISMISSING THE WRIT PETITION.
GRANT ANY SUCH OTHER RELIEFS.

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

                        JUDGMENT

This intra court appeal has been filed against the

order dated 03.11.2020 passed by learned Single

Judge by which writ petition preferred by the

respondent has been allowed in terms of the decision

of this court in Jayakumar Shetty vs. Commissioner,

BDA in W.P.No.13658/2015 dated 07.04.2016. It is

not in dispute that the decision relied upon by the

learned Single Judge incase of Jayakumar Shetty

supra has been upheld by a division bench of this

court in W.A.No.49/2022 and connected matters

dated 23.09.2022.

For the reasons assigned in the aforementioned

judgment, this appeal is also dismissed.

Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE

SS