V. Doraiswamy vs Bangalore Development Authority
2024 Latest Caselaw 25105 Kant

Karnataka High Court

V. Doraiswamy vs Bangalore Development Authority on 21 October, 2024

                                               -1-
                                                         NC: 2024:KHC:42090-DB
                                                            WA No. 36 of 2024




                          IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 21ST DAY OF OCTOBER, 2024

                                            PRESENT

                           THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
                                               AND
                              THE HON'BLE MR. JUSTICE K. V. ARAVIND

                                 WRIT APPEAL No. 36 OF 2024 (BDA)

                   BETWEEN:

                   1.   V. DORAISWAMY,
                        AGED ABOUT 77 YEARS,
                        SON OF LATE MR. VENKATASWAMY,
                        RESIDING AT 1ST FLOOR, 58,
                        AREKERE MICO LAYOUT,
                        II STAGE, II MAIN, II CROSS,
                        BANNERGHATTA MAIN ROAD,
                        BENGALURU-560 076.
                        CURRENTLY RESIDING AT VIKAS VAIKUNT,
                        PLOT 6 C, BHARATHI AVENUE,
                        III STREET, KOTTUPURAM,
Digitally signed        CHENNAI-600 085.
by VALLI
MARIMUTHU
                   2.   MR. M. SOUNDARARAJAN
Location: High
Court of                AGED ABOUT 73 YEARS,
Karnataka               SON OF LATE R. RAJU NAIDU,
                        RESIDING AT SATHYA KRUPA,
                        1ST MAIN ROAD, NEHRU NAGAR,
                        HOSUR-635 109.
                                                                ...APPELLANTS
                   (BY SRI PRADEEP NAYAK, ADVOCATE)

                   AND:

                   1.   BANGALORE DEVELOPMENT AUTHORITY,
                        REPRESENTED BY ITS COMMISSIONER,
                        KUMARA PARK WEST EXTENSION,
                        T. CHOWDAIAH ROAD,
                        BENGALURU-560 020.
                                 -2-
                                          NC: 2024:KHC:42090-DB
                                              WA No. 36 of 2024




2.   MICO NAUKARA GRUHA NIRMANA
     SAHAKARA SANGHA NIYAMITA,
     REPRESENTED BY ITS PRESIDENT,
     EARLIER KNOWN AS MICO SHRAMAJEEVI
     KARMIKARA GRUHA NIRMANA
     SAHAKARA SANGHA NIYAMITHA,
     No. 341/24/1, OPP. ULUCHUKAMME CHOULTRY,
     8TH CROSS, WILSON GARDEN,
     BANGALORE-560 027.

3.   SMT. RAMANI PREMALATHA,
     AGED ABOUT 66 YEARS,
     DAUGHTER OF J. W. DAVID,
     RESIDING AT CMC KHATA No. 352/1,
     II STAGE, AREKERE MICO LAYOUT,
     BEGUR HOBLI, BENGALURU-560 076.
                                                 ...RESPONDENTS

      THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
IMPUGNED ORDERS DATED 26 JUNE 2023 AND 27 NOVEMBER
2023 PASSED IN WRIT PETITION Nos. 24694-24695/2019.

    THIS WRIT APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:      HON'BLE THE CHIEF JUSTICE MR. JUSTICE
            N. V. ANJARIA
            and
            HON'BLE MR JUSTICE K. V. ARAVIND

                          ORAL JUDGMENT

(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

Learned advocate Mr. Pradeep Nayak for the appellants

seeks permission to withdraw the appeal stating that the appellants

would make a request to learned Single Judge for expeditious

hearing of the writ petition.

NC: 2024:KHC:42090-DB

2. The request is reasonable.

3. While disposing of the appeal as withdrawn, it is observed

that learned Single Judge may take up the writ petition to be

considered on merits and dispose of the same preferably within

four months. However, no opinion on the merits of the case of

either side is expressed.

In view of disposal of the appeal as above, the interlocutory

applications would not survive and the same stand accordingly

disposed of.

Sd/-

(N. V. ANJARIA) CHIEF JUSTICE

Sd/-

(K. V. ARAVIND) JUDGE

MV