B S Ramakrishnan Since Dead By Lrs B ... vs The Bengaluru Development ...
2023 Latest Caselaw 4784 Kant

                                               -1-
                                                     NC: 2023:KHC:25823-DB
                                                           WA No. 838 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 24TH DAY OF JULY, 2023

                                             PRESENT
                   THE HON'BLE MR. PRASANNA B. VARALE, CHIEF JUSTICE
                                               AND
                             THE HON'BLE MR. JUSTICE M.G.S. KAMAL
                              WRIT APPEAL NO. 838 OF 2023 (BDA)
                   BETWEEN:

                         B S RAMAKRISHNAN
                         SINCE DEAD BY LRS

                   1.    B A GEETHA
                         W/O LATE B R ANIL KUMAR
                         AGED ABOUT 52 YEARS
                         R/AT NO.1713, 8TH CROSS
                         17TH A MAIN, J P NAGAR
                         2ND PHASE
                         BENGALURU-560078

                   2.    B A ANAGHA
                         S/O LATE B R ANIL KUMAR
Digitally signed
by K P SWETHA            AGED ABOUT 26 YEARS
Location: HIGH           R/AT NO.1713, 8TH CROSS
COURT OF                 17TH A MAIN, J P NAGAR
KARNATAKA                2ND PHASE
                         BENGALURU-560078
                                                                ...APPELLANTS

                   (BY SRI M.T.NANAIAH, SENIOR ADVOCATE FOR
                   SRI GEORGE ANTHONY CRUZ, ADVOCATE)

                   AND:


                   1.    THE BENGALURU DEVELOPMENT AUTHORITY
                         KUMARA KURPA
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                                     NC: 2023:KHC:25823-DB
                                               WA No. 838 of 2023




     BENGALURU-560020
     REPRESENTED BY COMMISSIONER


2.   THE DEPUTY SECRETARY
     BENGALURU DEVELOPMENT AUTHORITY
     KUMARA KRUPA
     BENGALURU-560020
                                                  ...RESPONDENTS


     THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT READ WITH ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE
THE IMPUGNED ORDER DATED 7 TH MARCH 2023 IN
W.P.No.25253/2015 (BDA) PASSED BY THE LEARNED SINGLE
JUDGE OF THIS HON'BLE COURT AND THE SAME MAY KINDLY
BE CONSIDERED IN THE INTEREST OF JUSTICE AND EQUITY.


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

                           JUDGMENT

There is a delay of 96 days in filing the appeal.

I.A.No.1/2023 is filed seeking condonation of delay. For the

reasons stated in the affidavit accompanying the application,

the delay of 96 days in filing the appeal is condoned.

Accordingly, I.A.No.1/2023 is allowed.

2. This writ appeal is directed against the order dated

07.03.2023 passed by the learned Single Judge in

W.P.No.25253/2015.

NC: 2023:KHC:25823-DB WA No. 838 of 2023

3. The learned Single Judge, vide order dated

07.03.2023, has granted three months' time to the appellants

for remitting the remainder of the amount as demanded in the

endorsement dated 05.01.2015 failing which, they can be

removed by the Bangalore Development Authority (BDA) by

using police force, if need be and the marginal land may be

notified for allotment by way of public auction in accordance

with law.

4. After arguing the matter for some time,

Sri M.T.Nanaiah, the learned Senior Counsel appearing for the

appellants submits that the appellants have failed to remit the

remainder amount to the BDA within the time granted by the

learned Single Judge which is due to some financial difficulties.

He further submits that the writ appeal may be disposed of by

extending some reasonable time to the appellants to deposit

the remainder amount.

5. By accepting the statement made by the learned

Senior Counsel appearing for the appellants as an undertaking

to this Court, the writ appeal is disposed of by granting

extension of three months' time from today to the appellants

for remitting the remainder amount. It is made clear that if the

NC: 2023:KHC:25823-DB WA No. 838 of 2023

appellants fail to remit the remainder amount within the

extended period of three months from today, the appellants

can be removed by the BDA, by using police force, if need be

and the marginal land may be notified for allotment by way of

public auction in accordance with law.

6. In view of disposal of the writ appeal, the pending

interlocutory application does not survive for consideration and

the same is accordingly disposed of.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

KPS