Karnataka High Court
Smt. B. Suneetha vs Sri. G. Paramashivaiah on 19 September, 2022
Bench: Acting Chief Justice, S Vishwajith Shetty
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH 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.1291/2021(LA-KIADB)
BETWEEN:
1. SMT. B. SUNEETHA
W/O K.S. DINESH
AGED ABOUT 45 YEARS
RESIDING OF NO.323
SHIVA KRUPA, 15TH CROSS
SADASHIVANAGAR
BANGALORE - 560 080.
2. SRI D. VINAY
S/O MR. K.S. DINESH
AGED ABOUT 22 YEARS
R/O NO.323, SHIVA KRUPA
15TH CROSS, SADASHIVANAGAR
BANGALORE - 560 080.
3. SRI D. VIJAYA
D/O MR. K.S. DINESH
AGED ABOUT 20 YEARS
R/O NO.323, SHIVA KRUPA
15TH CROSS, SADASHIVANAGARA
BANGALORE - 560 080. ...APPELLANTS
(BY SRI DINESH RAON, ADV.)
AND:
1. SRI. G. PARAMASHIVAIAH
S/O LATE GANGAPPA
2
AGED ABOUT 77 YEARS
RESIDENTOF NO.7
KEMPANNA LYAOUT
1ST MAIN ROAD
PALACE GUTTAHALLI
BANGALORE - 560 020.
2. THE STATE OF KARNTAKA
REP. BY ITS CHIEF SECRETARY
VIDHANA SOUDHA
BENGALURU - 560 001.
3. THE KARNTAKA INDUSTRIAL AREA
DEVELOPMENT BOARD
OFFICE AT NO 14/3, II FLOOR
RP BUILDING, NRUPATHUNGA ROAD
BENGALURU - 560 001
REP BY ITS CHIEF EXECUTIVE OFFICER
AND EXECUTIVE MEMBER.
4. THE SPECIAL LAND ACQUISTION OFFICER
THE KARNTAKA INDUSTRIAL AREA
DEVLEOPMENT BOARD (METRO RIAL PROJECT)
1ST FLOOR, R.P. BUILDING
NURPATHUNGA ROAD,
BENGALURU - 560 001
CAUVERY BHAVANA
KEMEPGOWDA ROAD
BENGALURU - 560 009.
5. BANGALORE METRO RAIL CORPORATION LTD.,
REGD. OFFICE BMTC OCMPLEX
3RD FLOOR, KH ROAD
SHANTHINAGAR, BENGLAURU - 560 027
EP BY ITS MANAGING DIRECTOR
6. COMISSIONER
BRUHATH BANGALORE MAHANAGARA
PALIKE, BYTARAYANAPURA
HEBBAL SUB - DIVISION
BENGLAURU - 560 009.
7. ASSISTANT REVENUE OFICER
BRUHATH BANGALORE MAHANAGARA
PALIKE, KODIGEHALLI DIVISION
SAHAKARA NAGARA, 9TH MAIN ROAD
BENGALURU - 560 002. ...RESPONDENTS
3
(BY SRI HARISH B.N, SR. COUNSEL FOR
SRI AMITH NAYAK, ADV., FOR C/R-1;
SRI S.S. MAHENDRA, AGA FOR R-2;
BBMP & KIADB ARE SERVED)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE
ORDER OF THE LEARNED SINGLE JUDGE PASSED IN
W.P.NO.12988/2021 DATED 20.09.2021.
THIS 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 20.09.2021 passed by the learned Single
Judge in W.P.No.12988/2021.
2. Learned Counsel for the appellant submits that
he be granted leave to withdraw the appeal. He,
however, submits that the learned Single Judge by an
order dated 08.07.2022 has directed the Reference Court
to conclude the proceedings on or before 08.09.2022. It
is further submitted that on account of the aforesaid time
limit fixed by the learned Single Judge, the right of the
appellant to contest the proceedings in the Reference
Court has been prejudiced and he has not been able to
effectively cross-examine the witnesses.
3. On the other hand, learned Senior Counsel for
the respondent no.1 has opposed the aforesaid prayer
and has submitted that no such applications have been
filed before the Reference Court. It is also submitted that
the proceedings have been kept pending before the
Reference Court as it was protracted by the appellant.
4. Be that as it may, in the fact situation of the
case, the Reference Court is directed to grant two weeks
time to the appellant to make appropriate applications
before the Reference Court. Needless to state that in
case such applications are filed, the Reference Court shall
hear the parties and pass appropriate orders in
accordance with law before the decision of the reference
pending before the Reference Court.
Accordingly, petition is disposed of.
Sd/-
ACTING CHIEF JUSTICE
Sd/-
JUDGE
KK
