A writ petition seeking direction for allotment of alternative sites was disposed of. The court held that the subject matter is being considered in other pending cases and dismissed the petition to avoid multiplicity of proceedings.
Petitioner to await outcome of other pending cognate matters before seeking redressal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No. 2737 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT WRIT PETITION NO. 2737 OF 2023 (LA-BDA)
BETWEEN:
SRI. NAGARAJU, S/O CHINNARAMEGOWDA, AGED 55 YEARS, R/AT 23/3A, VENKATAPURA, KORAMANGALA POST, BENGALURU – 560 034.
…PETITIONER
(BY SMT.TEJASHWINI S., ADVOCATE)
AND:
Digitally signed by CHETAN B C Location: HIGH COURT OF KARNATAKA
WP No. 2737 of 2023
REPRESENTED BY CEO, REGISTERED UNDER CO-OPERATIVE SOCIETY ACT, 1960.
…RESPONDENTS
(BY SRI.K.KRISHNA, ADVOCATE FOR R1; SRI.R.SRINIVASA GOWDA, AGA FOR R2; SRI.SHASHIDHARA BELAGUMBA, ADVOCATE FOR R3)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R-1 BDA AND R-3 TO EXPEDITIOUSLY TO CONSIDER THE LEGAL LETTER/NOTICE DATED 23/12/2022 VIDE ANNEXURE-G AND ALLOTMENT OF THE ALTERNATIVE SITES AS PER SENIORITY LIST.
THIS W.P. COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The essential grievance of the Petitioner is as to nonallotment of the sites by the 3rd Respondent - Housing Society and therefore, a Writ of Mandamus in that regard is sought for.
WP No. 2737 of 2023
Shashidhara Belagumba, learned Senior Panel Counsel on request appears for the 3rd Respondent-Housing Society, they all oppose the petition contending that the grievance of the Petitioner cannot be looked into since the subject matter of this Petition is being considered in a series of other cases, i.e., in W.P.Nos.50216-18/2012 etc., and therefore, the fate of the request of the Petitioner would depend on the outcome of these proceedings. So contending, they seek dismissal of the Writ Petition.
WP No. 2737 of 2023
In view of the above, writ petition is disposed off,
costs having been made easy.
Sd/JUDGE
DS
1 issue framed by the court
Whether to grant mandatory direction to allot alternative sites to the petitioner under Article 226 of the Constitution of India.
Sri. Nagaraju
The Bangalore Development Authority
The Special Land Acquisition Officer
The Aircraft Employees Co-Operative Society Ltd.
Krishna S Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
