Dismissed

Smt Leelavathi S v. the Bangalore Development Authority

Karnataka HC9 Feb 2023WP/2847/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition seeking allotment of alternative sites by the Housing Society. The Court directed the petitioner to await the decision of a coordinate bench litigating the same issue before seeking any redress.

What did the court decide?

The writ petition was disposed of without granting the prayer, directing the Petitioner to await the outcome of coordinate proceedings.

Smt Leelavathi S Vs the Bangalore Development Authority — Land Acquisition | Karnataka HC (2023)

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1 - WP No. 2847 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF FEBRUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE KRISHNA S DIXIT WRIT PETITION NO. 2847 OF 2023 (LA-BDA)

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BETWEEN:

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SMT. LEELAVATHI .S, W/O S. BABU, AGED ABOUT 50 YEARS, R/AT CHIKKABEGURU, BEGUR POST, BENGALURU - 560 068.

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…PETITIONER

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(BY SMT. THEJASHWINI .S, ADVOCATE)

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AND:

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THE BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020 REPRESENTED BY ITS COMMISSIONER.

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Digitally signed by CHETAN B C Location: HIGH COURT OF KARNATAKA

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THE SPECIAL LAND ACQUISITION OFFICER, 2ND FLOOR, VISVESHWARAIAH BUILDING, DR AMBEDKAR VEEDHI, BENGALURU - 560 001.

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THE AIRCRAFT EMPLOYEES CO-OPERATIVE SOCIETY LTD., NO.15, 1ST CROSS, CKC GARDEN, OPP. HCG HOSPITAL, K.H. ROAD (DOUBLE ROAD) BENGALURU - 560 027.

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…RESPONDENTS

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(BY SRI. K.KRISHNA, ADVOCATE FOR R1; SRI. R.SRINIVAA GOWDA, AGA FOR R2; SRI. SHASHIDHARA BELAGUMBA, ADVOCATE FOR R3)

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WP No. 2847 of 2023

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THIS WRIT PETITION 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.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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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.

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Sri. K.Krishna, learned Senior Panel Counsel on request appears for the 1st Respondent, learned AGA on request appears for the 2nd Respondent & Sri. 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

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WP No. 2847 of 2023

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depend on the outcome of these proceedings. So contending, they seek dismissal of the Writ Petition.

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Having heard the learned counsel for the Petitioner and having perused the petition papers, this Court is broadly in agreement with the submission made on behalf of the Respondents. Since the grievance of the kind is being litigated by a Co-ordinate Bench in cognate matters as mentioned above, whatever would happen would arguably enure to the benefit of these petitioners as well and therefore, they should await the outcome of the said decision and thereafter, they can seek redressal to grievance of the kind.

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In view of the above, writ petition is disposed off, Costs having been made easy.

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Sd/JUDGE

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Smt Leelavathi S v. the Bangalore Development Authority

Case brief

What is this about?

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Smt Leelavathi S v. the Bangalore Development Authority

Case brief

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