This is a single-paragraph order in a writ petition filed under Articles 226 and 227 of the Constitution challenging a Re Allotment Certificate. The petition was listed, but the petitioners were absent on the hearing date. The court dismissed the petition for non-prosecution.
Petition dismissed for non-prosecution.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 55035 OF 2018 (BDA)
BETWEEN:
ALL ARE R/AT NO.373, 6TH CROSS, 2ND STAGE, RPC LAYOUT, VIJAYANAGAR-560 040.
Digitally signed by CHETAN B C Location: HIGH COURT OF KARNATAKA
(BY SRI. MURALIDHARA G S.,ADVOCATE)
AND:
…PETITIONERS
WP No. 55035 of 2018
…RESPONDENTS (BY SMT.B A SUJATHA, ADVOCATE FOR R1 & R2; V.C.O DATED 21.7.2022 PETITION AGAINST R3 IS DISMISSED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE RE ALLOTMENT/RE POSSESSION CERTIFICATE BEARING NO.005018 DATED 6.10.2018 ISSUED BY THE R-1 AND 2 IN FAVOUR OF R-3 AT ANNEXURE-Q AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
A Coordinate Bench of this Court vide order dated 11.02.2021 as said as under:
“No representation for the petitioners.
Finally, two weeks time is granted to take steps for service of notice to respondent No.3, failing which, list for dismissal on 26.02.2021.”
Thereafter, the matter was posted on 21.07.2023. Learned counsel appearing for 1st Respondent submits that the Petitioners are not vigilant in prosecuting the Petition inasmuch as, the Petitioners and their counsel are
WP No. 55035 of 2018
absent again. In view of that, the Petition is dismissed of
non-prosecution.
Registry is directed to send a copy of this order to the Petitioner by Speed Post immediately.
Sd/JUDGE
Bsv
1 issue framed by the court
Whether the Writ petition shall be dismissed due to non-prosecution by the petitioners?
Sri. Premkumar
Smt. Kalavathi
Smt. Jayamma
Bangalore Development Authority
Assistant Commissioner Re Allotment Division, Bangalore Development Authority
Sri. Rakesh
Krishna S Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
