A writ petition filed for alternative allotment of a site in BDA project is disposed of as infructuous after the petitioner's counsel submits that the relief has been accorded by the Respondent Authority via a memo dated 10.02.2023.
The writ petition was disposed off as infructuous on the submission that the relief sought was accorded.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 23663 OF 2018 (BDA)
BETWEEN:
SMT. N. MANJULA, W/O JAYAPPA, AGED ABOUT 55 YEARS, #96, RAMAKRISHNA BLOCK, KORAMARA COLONY, THYAGARAJA NAGARA, BENGALURU-560 028.
…PETITIONER
(BY SRI. MOHAN KUMAR T N.,ADVOCATE)
AND:
Digitally signed by CHETAN B C Location: HIGH COURT OF KARNATAKA
THE COMMISSIONER, BENGALURU DEVELOPMENT AUTHORITY (BDA), KUMARA PARK WEST EXTENSION, T. CHOWDAIAH ROAD, BENGALURU-560 020.
…RESPONDENT (BY SRI. BASAVARAJ H T, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT AUTHORITY TO ALLOTMENT OF AN ALTERNATIVE SITE IN FAVOUR OF THE PETITIONER IN THE LAYOUT OF BANASHANKARI OR SUBSEQUENT LAYOUT OF THE SMVL INSTEAD OF SITE BEARING NO.722, MEASURING EAST TO WEST 6 METERS AND NORTH TO SOUTH 9 METERS OF 11TH BLOCK, B.S.K. 4TH STAGE, BENGALURU.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
WP No. 23663 of 2018
ORDER
Learned counsel for the Petitioner has filed a Memo
dated 10.02.2023 to the effect that relief sought for in the
Writ Petition has been accorded by the BDA & therefore, the Petition be disposed off as having become infructuous. The said Memo reads as under:
“ The undersigned counsel for the petition humbly submits that, the prayer sought in the above writ petition has become infructuous in view of the alternative site allotted to the petitioners by the respondents.
Therefore, this Hon’ble court may kindly be pleased to allow the petitioner to withdraw the above petition in the interest of justice and equity WP No: 23663/2018 in the interest of Justice and Equity.”
The said Memo is taken on record.
Ordered accordingly & Writ Petition is disposed off.
Sd/JUDGE
CBC
1 issue framed by the court
Whether the writ petition is maintainable when the relief sought has been accorded by the Respondent Authority.
1 provisions across 1 enactments
Smt. N. Manjula
The Commissioner, Bengaluru Development Authority
Krishna S Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
