The Bangalore Development ... vs Govindaiah @ Govindappa
2022 Latest Caselaw 12211 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 28TH 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.1327/2021(LA-BDA)

BETWEEN:

1.     THE BANGALORE DEVELOPMENT
       AUTHORITY, KUMARA PARK WEST
       T. CHOWDAIAH ROAD
       BANGALORE - 560 020
       REPRESENTED BY ITS
       COMMISSIONER.

2.     SPECIAL LAND ACQUISITION
       OFFICER, THE BANGALORE
       DEVELOPMENT AUTHORITY
       KUMARA PARK WEST
       T. CHOWDAIAH ROAD
       BANGALORE - 560 020.                ...APPELLANTS

(BY SRI UNNIKRISHANAN M, ADV.)

AND:

GOVINDAIAH @ GOVINDAPPA
SINCE HE IS DECEASED
LRS OF DECEASED PETITIONER

1(a). SMT. CHENNAMUTHAMMA
      W/O LATE GOVINDAIAH
      @ GOVINDAPPA
      AGED ABOUT 63 YEARS.
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1(b). SRI MUTHAIAH
      S/O LATE GOVINDAIAH
      @ GOVINDAPPA
      AGED ABOUT 51 YEARS.

1(c). SRI JANARDHAN
      S/O LATE GOVINDAIAH
      @ GOVINDAPPA
      AGED ABOUT 46 YEARS.

     ALL ABOVE MENTIONED ARE
     RESIDING AT THALAGHATAPURA
     KANAKAPURA MAIN ROAD
     BANGALORE - 560 109.

1(d). SMT. LAKSHMI
      D/O GOVINDAIAH
      @ GOVINDAPPA
      AGED ABOUT 41 YEARS

2.   THE PRINCIPAL SECRETARY
     REVENUE DEPARTMENT
     GOVERNMENT OF KARNATAKA
     VIDHANA SOUDHA
     BANGALORE - 560 001
     REPRESENTED BY ITS SECRETARY.         ...RESPONDENTS

(BY SRI R. HEMANTH RAJ, ADV., FOR C/R-1;
    SRI S.S. MAHENDRA, AGA FOR R-2)

     THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THE
ABOVE APPEAL FILED BY THE APPELLANTS THEREBY SETTING
ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN
WP NO.17572/2014 (LA-BDA) DATED 30.06.2021 AND THEREBY
DISMISS THE SAID PETITION IN THE INTEREST OF JUSTICE AND
EQUITY.


     THIS APPEAL COMING ON FOR ORDERS THIS DAY, ACTING
CHIEF JUSTICE DELIVERED THE FOLLOWING:
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                        JUDGMENT

This intra court appeal is filed against the order dated

30.06.2021 passed in W.P.No.17572/2014.

2. Learned Counsel for the parties jointly submit that

the controversy involved in this appeal is squarely covered by

the judgment dated 24.02.2020 passed by the Division Bench

of this Court in W.A.No.1759/2019.

3. Learned Counsel for the appellant submits that

against the aforesaid judgment, a special leave petition has

been filed before the Supreme Court.

4. In view of the aforesaid submissions and for the

reasons assigned in the said judgment, this appeal is also

dismissed.

SD/-

ACTING CHIEF JUSTICE

SD/-

JUDGE

KK