Bangalore Development Authority vs M/S Darshita Build-Tech Pvt. Ltd
2023 Latest Caselaw 1322 Kant

                                                 -1-
                                                        WA No.1298 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                          DATED THIS THE 15TH DAY OF FEBRUARY 2023
                                             PRESENT
                            THE HON'BLE MR. JUSTICE ALOK ARADHE
                                                 AND
                          THE HON'BLE MR. JUSTICE VIJAYKUMAR A PATIL
                              WRIT APPEAL NO.1298 OF 2021 (BDA)
                   BETWEEN:

                   1.   BANGALORE DEVELOPMENT AUTHORITY
                        BY ITS COMMISSIONER
                        KUMARA PARK WEST
                        T. COWDAIAH ROAD
Digitally signed        BANGALORE 560020.
by RUPA V
Location: High     2.   THE TOWN PLANNER MEMBER
Court of                BANGALORE DEVELOPMENT AUTHORITY
Karnataka
                        KUMARA PARK WEST
                        T. CHOWDAIAH ROAD
                        BANGALORE 560020.

                        (APPELLANTS 1 AND 2 ARE OF SAME AUTHORITY
                        AND BOTH ARE REP BY 2ND APPELLANT)

                                                             ...APPELLANTS
                   (BY SRI. K. KRISHNA, ADV.,)
                   AND:
                   1.   M/S. DARSHITA BUILD-TECH PVT. LTD.
                        A COMPANY REGISTERED UNDER
                        THE COMPANIES ACT 1956
                        HAVING REGISTERED OFFICE AT NO.3
                        SALAPURIA WINDSOR
                        4TH FLOOR, ULSOOR ROAD
                        BANGALORE 560042
                        REP. MR. ASHWIN SANCHETI
                        S/O MANOHARCHAN SANCHETI
                        AGED 44 YEARS.
                                -2-
                                              WA No.1298 of 2021




2.   THE STATE OF KARNATAKA
     REP. BY ITS JOINT SECRETARY
     URBAN DEVELOPMENT DEPARTMENT
     M S BUILDING, DR. AMBEDKAR VEEDHI
     BANGALORE 560001.

                                                 ...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, AGA FOR R2
    SRI. LATHA S. SHETTY, ADV., FOR C/R1)

     THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE
LEARNED SINGLE JUDGE PASSED IN WP NO.13867/2020
DATED 10.08.2021.

     THIS APPEAL COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

                           JUDGMENT

This intra Court appeal has been filed against an

order dated 10.08.2021 passed by the learned Single

Judge in W.P.No.13876/2020.

2. During the pendency of the appeal, in

pursuance of an interim order, the application

submitted by the respondent No.1 seeking permission

for change of land use from agricultural to commercial

has been considered by the Bangalore Development

WA No.1298 of 2021

Authority and by an order dated 30.01.2023, the land

use has been changed from agricultural to commercial.

3. In view of the aforesaid subsequent

development, learned counsel for the parties jointly

submitted that the appeal be disposed of and the

question of law involved in this appeal be kept open.

4. In view of the aforesaid submission and in view

of the subsequent event, the appeal is disposed of.

However, the question of law involved in this appeal is

kept open to be agitated in an appeal.

Consequently, the pending interlocutory

application is also disposed of.

Sd/-

JUDGE

Sd/-

JUDGE RV