Bangalore Development Authority vs Sri T S S N Manjunath Rao
2022 Latest Caselaw 11575 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU
      DATED THIS THE 5TH DAY OF SEPTEMBER, 2022
                      PRESENT
THE HON'BLE MR. ALOK ARADHE, ACTING CHIEF JUSTICE
                        AND
  THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
          WRIT APPEAL NO. 822 OF 2022 (BDA)
BETWEEN:

BANGALORE DEVELOPMENT AUTHORITY
THROUGH ITS COMMISSIONER
T CHOWDAIAH ROAD, KUMARA PARK WEST
BENGALURU-560020
REPRESENTED BY ITS COMMISSIONER    ...APPELLANT

(BY SRI D N NANJUNDA REDDY, SENIOR COUNSEL FOR
 SRI SACHIN B S, ADVOCATE)

AND

1 . SRI T S S N MANJUNATH RAO
S/O T HARIHARA RAO
R/AT NO.311, 5TH MAIN
1ST STAGE, BEML LAYOUT
BASAVESHWARANAGAR
BENGALURU-560079

2 . STATE OF KARNATAKA
THROUGH THE
URBAN DEVELOPMENT DEPARTMENT
REP BY ITS ADDITIONAL CHIEF SECRETARY
HAVING ADDRESS AT NO. 436
VIKASA SOUDHA, DR. AMBEDKAR VEEDHI
BENGALURU-560001                    ...RESPONDENTS

(BY SRI S S MAHENDRA, AGA FOR R-2)

     THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE
THE IMPUGNED ORDER DATED 31.05.2022 PASSED BY
THE LEARNED SINGLE JUDGE IN W.P.NO.20847/2019.
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     THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING THIS DAY, ACTING CHIEF JUSTICE DELIVERED
THE FOLLOWING:

                      JUDGMENT

Sri D.N.Nanjunda Reddy, learned Senior Counsel for Sri Sachin B.S., learned counsel for the appellant.

Sri S.S.Mahendra, learned Additional Government Advocate for respondent No.2.

This intra Court appeal has been filed against

an interim order dated 31.05.2022 passed by the

learned Single Judge in W.P.Nos.20847/2019,

20842/2019 and 8982/2021.

2. During the course of hearing, a consensus

has been arrived at between the parties. The interim

order dated 31.05.2022 is therefore modified to the

extent that Bengaluru Development Authority

(hereinafter referred to as 'BDA' for short) shall

identify and reserve three sites for the petitioners in

W.P.Nos.20847/2019, 20842/2019 and 8982/2021.

In addition, BDA shall notify the sites reserved to the

petitioners in the aforesaid three writ petitions.

Subject to the aforesaid, BDA shall be at liberty to

auction any site including the corner sites in

Arkavathy Layout.

Accordingly, the appeal is disposed of.

In view of disposal of the appeal, the pending

interlocutory applications do not survive for

consideration and are accordingly disposed of.

Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE

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