The High Court of Karnataka dismissed Writ Petition No. 43273 of 2016 pursuant to a peremptory order of a coordinate bench directing dismissal due to failure to represent unserved respondents.
None granted as the petition was dismissed pursuant to a coordinate bench order.
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. 43273 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 43273 OF 2016 (BDA)
BETWEEN:
BOTH RESIDING AT APARTMENT 603, BLOCK-1/MAGIC RAY, SUN CITY APARTMENTS, OUTER RING ROAD, SARJAPUR CROSSING, IBBLUR, BANGALORE-560 102.
…PETITIONERS (BY SMT. TANUSRI JAIN.,ADVOCATE;
Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA
SRI. VIJAY JAIN., ADV., ARE SERVED & UNREPRESENTED)
AND:
WP No. 43273 of 2016
WP No. 43273 of 2016
D/O LATE BODAPPA,
RESPONDENTS NO.4 TO 15 ARE R/AT NO.131, OLD MADIWALA, BTM 2ND STAGE, BANGALORE-560 068.
AND ARE REPRESENTED BY THEIR POWER OF ATTORNEY SRI MUNICHINNAPPA, AGED ABOUT 50 YEARS, S/O LATE APPAIAH, R/AT NO.131, OLD MADIWALA, B.T.M.II STAGE, BANGALORE-560 068.
WP No. 43273 of 2016
RESPONDENTS NO. 16 TO 26 ARE RESIDING AT NO.131, OLD MADIWALA BTM 2ND STAGE, BANGALORE-560 068
AND ARE REPRESENTED BY THEIR POWER OF ATTORNEY SRI. MANJUNATH, AGED ABOUT 36 YEARS, S/O LATE APPANNA, RESIDING AT NO.131, OLD MADIWALA, B.T.M.LAYOUT II STAGE, BANGALORE-560 020.
WP No. 43273 of 2016
RESPONDENTS NO.27 TO 35 ARE RESIDING AT NO.131, OLD MADIWALA, B.T.M.LAYOUT II STAGE, BANGALORE-560 020.
WP No. 43273 of 2016
R/AT NO.231/2A, RENUKAMBA NILAYA, OPP. MARIYAMMA TEMPLE,OLD MADIWALA, BANGALORE-560 068.
…RESPONDENTS
(BY SRI. M V CHARATI., ADVOCATE FOR R1 & R2; SMT. NAGASHREE M C, ADVOCATE FOR R3; SRI. H SUNIL KUMAR, ADVOCATE FOR R4-R6, R33 & R34; R7,R8,R9,R10,R11,R13,R29,R35,R36,R37,R27 ARE SERVED AND UNREPRESENTED; R16 TO R26 ARE REP BY GPA HOLDER R27)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE LETTER OF ALLOTMENT DATED 30.01.2014 ISSUED BY R-2 IN RESPECT OF SUBJECT SITE AT ANNEX-J; AND QUASH THE POSSESSION CERTIFICATE BEARING 108774 DATED 12.09.2014 ISSUED BY R-2 IN FAVOUR OF THE R-4 TO 26 IN RESPECT OF THE SUBJECT SITES AT ANNEX-L AND ETC.,
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This Petition is dismissed in terms of the Peremptory
Order dated 11.08.2022 made by a Coordinate Bench of
this Court which reads as under:
“ Two weeks time is granted to take steps insofar as unserved respondents, failing which, the petition shall be listed for dismissal.”
Sd/JUDGE
Bsv
SMT. TANUSRI JAIN
SRI. VIJAY JAIN
BANGALORE DEVELOPMENT AUTHORITY
SRI. MUNICHINNAPPA
SMT. SARASWATHI
SRI. PRATHAP
KRISHNA S DIXIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
