Karnataka High Court
The Bangalore Development ... vs Sri.C.Rajashekharaiah on 5 January, 2023
Bench: B.Veerappa, K S Hemalekha
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 05TH DAY OF JANUARY, 2023
PRESENT
THE HON'BLE MR. JUSTICE B. VEERAPPA
AND
THE HON'BLE Mrs. JUSTICE K.S. HEMALEKHA
WRIT APPEAL No.1264/2022 (LA-BDA)
BETWEEN:
1. THE BANGALORE DEVELOPMENT AUTHORITY,
T. CHOWDAIAH ROAD,
KUMARAPARK WEST,
BENGALURU - 560 020
REPRESENTED BY ITS COMMISSIONER.
2. THE ASSISTANT LAND ACQUISITION OFFICER,
T. CHOWDAIAH ROAD,
KUMARAPARK WEST,
BENGALURU - 560 020. ... APPELLANTS
(BY SRI KUMAR J.C., ADVOCATE)
AND:
1. SRI C. RAJASHEKHARAIAH
S/O. LATE CHIKKAVEERAPPA,
AGED ABOUT 73 YEARS,
R/AT NO.1, RAGHUVANAHALLI,
BENGALURU NORTH TALUK,
BENGALURU - 560 062.
2. SRI R.S. MAHESH
S/O. LATE R.C. SHIVASHANKARAIAH,
AGED ABOUT 32 YEARS,
R/O. NO.378/5, 14TH MAIN,
1ST CROSS, 3RD BLOCK, JAYANAGAR,
BENGALURU - 560 011.
-2-
3. SRI R.C. RENUKAPPA
S/O. LATE CHIKKAVEERAPPA,
AGED ABOUT 58 YEARS,
R/AT NO.75/1, 1ST MAIN ROAD,
RAGHUVANAHALLI,
BENGALURU NORTH TALUK,
BENGALURU - 560 062.
4. SMT. R.J. VIJAYAMMA
W/O. LATE R.C. PARAMASHIVAIAH,
AGED ABOUT 52 YEARS,
R/O. NO.15, 1ST CROSS,
KANAKPURA MAIN ROAD,
RAGHUVANAHALLI,
BENGALURU NORTH TALUK,
BENGALURU - 560 062.
5. SMT. G.S. LATHA
W/O. LATE R.C. DHARANESHAIAH,
AGED ABOUT 42 YEARS,
R/O. NO.2, KANAKAPURA MAIN ROAD,
RAGHUVANAHALLI,
BENGALURU NORTH TALUK,
BENGALURU - 560 062.
6. SRI R.C. MALLIKARJUNAIAH
S/O. LATE CHIKKAVEERAPPA,
AGED ABOUT 52 YEARS,
R/O. NO.E-4, KANAKAPURA MAIN ROAD,
RAGHUVANAHALLI,
BENGALURU NORTH TALUK,
BENGALURU - 560 062.
7. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT,
ROOM NO.436, 4TH FLOOR,
VIKASA SOUDHA,
BENGALURU - 560 001.
REP. BY ITS PRINCIPAL SECRETARY. ... RESPONDENTS
(BY SRI AMIT M. HEGDE, ADVOCATE FOR C/R-1 TO R-6 IN
C.P.No.19887/2022;
SRI K.S. ARUN, HCGP, TAKE NOTICE TO R-7
(V/O. DATED 05/01/2023))
-3-
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO i) SET ASIDE
THE ORDER DATED 05/07/2019 PASSED IN W.P.NOS.34191-
95/2017 (LA-BDA) AND CONSEQUENTLY DISMISS THE WRIT
PETITION FILED BY THE RESPONDENT NOS.1 TO 6.
THIS WRIT APPEAL COMING ON FOR HEARING ON
INTERLOCUTORY APPLICATION THIS DAY, B.VEERAPPA J.,
DELIVERED THE FOLLOWING:-
JUDGMENT
The intra-Court appeal is filed by the BDA
against the order passed by the learned Single Judge
dated 05.07.2019 made in W.P. Nos.34191-95/2017
and connected matter wherein, the learned Single
Judge disposed of the writ petitions on the statement
made by learned counsel for both the parties that the
controversy involved in the writ petitions was squarely
covered by the order dated 10.04.2019 passed by the
Division Bench of this Court in W.A. Nos.187-
188/2017 and connected matters. Accordingly,
learned Single Judge quashed the acquisition
proceedings insofar as it pertains to the land of the
petitioners/present respondents relying on the order
dated 10.04.2019 passed by the Division Bench of this
Court.
2. We have heard the learned counsel for the
parties to the lis.
3. Sri. J.C. Kumar, learned counsel for the
appellant would contend that the possession of the
scheduled property was with the appellant-BDA and
the respondents are estopped from law to claim the
land back and they are only liable to accept the
compensation or challenging it. The order passed by
the Co-Ordinate Bench of this Court in W.A. Nos.187-
188/2017 and connected matters was challenged
before the Hon'ble Supreme Court, which is pending
consideration under Special Leave Petition Diary
No.32607/2019. In view of the pendency of the said
appeal, the appellant filed the present appeal and
appellant has made out a case to interfere with the
order passed by the learned Single Judge.
4. In response to the notice issued, learned
counsel Sri. Amit M. Hegde for the
caveators/respondents filed a memo dated
02.01.2023 stating that the SLP Diary No.32607/2019
was converted into SLP (C) Nos.29140-29145/2019 on
10.12.2019 and the said matters, came to be
dismissed on 12.10.2022 and the same has reached
finality. Therefore, sought to dismiss the writ appeal.
5. Having heard the learned counsel for the
parties, it is not in dispute that the on the joint
request made by learned counsel for both the parties,
i.e., the present appellant and the present
respondents, learned Single Judge quashed the
acquisition proceedings by order dated 05.07.2019 in
view of the judgment of the Co-Ordinate Bench of this
Court in W.A. Nos.184-187/2017 and 698-701/2018
and the present appeal came to be filed mainly on the
ground that the order passed by the Co-Ordinate
Bench of this Court in W.A. Nos.184-187/2017 was
the subject matter of appeal before the Hon'ble Apex
Court in SLP Diary No.32607/2019, which later was
converted into as SLP Nos.209140-209145/2019.
6. It is the submission of the learned counsel
for the respondents and the memo filed by the
respondents depicts that the Hon'ble Apex Court by its
order dated 12.10.2022 dismissed the SLP
Nos.209140-209145/2019 and connected special
leave to appeals. Thereby, the present appellant has
not made out any case to interfere with the consent
order passed by the learned Single Judge in exercise
of power of intra-court appeals under Section 4 of the
Karnataka High Court Act, 1951. The said fact of the
dismissal of the SLPs before the Hon'ble Supreme
Court is not disputed by the counsel for the
appellants.
7. In view of the above, we pass the
following:
ORDER
i. Writ appeal is dismissed as devoid of any
merit.
ii. Consent Order passed by the learned Single
Judge dated 05.07.2019 in W.P. Nos.34191-
95/2017 and connected matter is hereby
confirmed.
Since the main appeal stands dismissed, all
pending applications stand disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
MBM
