Writ petition filed to restrain demolition and eviction of petitioners from residential houses pending allotment of new sites. Counsel for petitioners stated that subsequent events rendered the prayers infructuous. The Court dismissed the writ petition as infructuous.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION No. 52184 OF 2015 (GM-RES)
BETWEEN:
Digitally signed by VALLI MARIMUTHU Location: High Court of Karnataka
RESIDENT OF PORTION OF SURVEY No.323, AKKAYAMMANAKUNTE, 22ND WARD, GIRIYAMMA CIRCLE, DEVANAHALLI TOWN-562110, BANGALORE RURAL DISTRICT.
…PETITIONERS
(BY SRI KENDULI S.M., ADVOCATE FOR SRI VINOD PRASAD, ADVOCATE)
AND:
6. THE MANAGING DIRECTOR, KEMPEGOWDA INTERNATIONAL AIRPORT , DEVANAHALLI-562110,
BANGALORE RURAL DISTRICT.
DELETED AS PER COURT ORDER DATED 08.04.2022.
…RESPONDENTS
(BY SRI S.H. RAGHAVENDRA, AGA FOR R1, R2, R4 & R5; SRI NAGARAJ S. JAIN, ADVOCATE FOR R3; VIDE ORDER DATED 08.04.2022 R6 IS DELETED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS, THEIR AGENTS, SERVANTS, OFFICIALS OR CONTRACTORS OR ANYBODY ACTING UNDER THEM OR THROUGH THEM NOT TO DEMOLISH / TO EVICT THE PETITIONERS FROM THE RESIDENTIAL HOUSES PUT UP BY THEM IN THEIR RESPECTIVE HOUSES IN, TILL THE PETITIONERS ARE ALLOTTED NEW SITES AND RESIDENTIAL HOUSES BY THE RESPONDENTS AT DEVANAHALLI TOWN LIMITS, IN THE NAMES OF THE PETITIONERS AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K V ARAVIND
ORAL ORDER
Sri. Kenduli S.M., learned counsel for Sri. Vinod
Prasad, learned counsel appearing for petitioners submits that in view of the subsequent events during pendency of this writ petition, the prayers in the writ petition do not survive for consideration.
NC: 2024:KHC:36522 WP No. 52184 of 2015
petitioners is placed on record.
infructuous.
In view of dismissal of the main petition, all pending
I.As. do not survive for consideration.
Sd/(K. V. ARAVIND) JUDGE
VBS List No.: 1 Sl No.: 27
1 issue framed by the court
Whether the petitioners' prayer to restrain eviction and demolition survives consideration given subsequent events?
1 provisions across 1 enactments
Smt. Lakshmamma
Krishnapa
Smt. Sarasamma
Prakash
The Secretary to Government, Government of Karnataka, Municipal Administration
The Principal Secretary Department of Social Welfare
K. V. Aravind
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
