Petitioners sought a mandamus to implement BDA Resolution No.133/2019 concerning their father's request. After the petition was filed, the BDA dropped the resolution and passed a fresh one, which the petitioners challenged in a separate writ petition. This petition was dismissed as infructuous.
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NC: 2024:KHC:45873 WP No. 6916 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 6916 OF 2024 (BDA)
BETWEEN:
BOTH ARE R/AT NO.130, 4TH CROSS, OPP. VENKATESHWARA TEMPLE, SUNDARANAGARA, GOKULA, MATHIKERE, BENGALURU-560 054
…PETITIONERS
Digitally signed by CHAITHANYA K Location: High Court of Karnataka
(BY SRI. R.B. SADASIVAPPA, ADVOCATE)
AND:
NC: 2024:KHC:45873 WP No. 6916 of 2024
BANGALORE-560 020
BRUHATH BENGALURU MAHANAGARA PALIKE (BBMP), N.R. SQUARE, BANGALORE-560 002
…RESPONDENTS
(BY SRI. YOGESH D NAIK, AGA FOR R1 AND R2; SRI. N.R. GIRISH, ADVOCATE FOR R3 TO R5; SMT. M.R. SINCHANA, ADVOCATE FOR R6)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO 5, TO CONSIDER THE REQUEST MADE BY THE FATHER OF THE PETITIONERS THROUGH LEGAL NOTICE DATED. 11.09.2020 VIDE ANNEXURE-F AND TO PASS APPROPRIATE ORDERS AS SOUGHT FOR BY THE R-3 VIDE RESOLUTION NO. 133/19 DATED. 17.01.2020 AND 18.01.2020 VIDE ANNEXURE-E AND ETC.
THIS PETITION, COMING ON FOR FURTHER HEARING THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
NC: 2024:KHC:45873 WP No. 6916 of 2024
CORAM: HON'BLE MR JUSTICE M.I.ARUN
ORAL ORDER
"The petitioners above named pray that this Hon'ble Court be pleased to ;
Issue writ in the nature of mandamus directing the Respondents 1 to 5, to consider the request made by the father of the Petitioners through legal notice dated 11/09/2020 vide Annexure-F and to pass appropriate orders as sought for by the 3rd Respondent vide Resolution No.133/19 dated 17/01/2020 and 18/01/2020 vide Annexure-E;
And grant such other order or direction as this Hon'ble Court deems fit under the circumstances of the case, in the interest of justice and equity."
Subsequent to filing of the writ petition, Resolution No.133/2019, which is sought to be got implemented by
the petitioners, has been dropped by the Bangalore Development Authority and a fresh resolution has been passed. The said resolution and subsequent proceedings
NC: 2024:KHC:45873 WP No. 6916 of 2024
have been challenged in Writ Petition No.8405/2024 by
the petitioners.
dismissed as having become infructuous.
Sd/(M.I.ARUN) JUDGE
CH
List No.: 1 Sl No.: 0
1 issue framed by the court
Should mandamus issue directing respondents to act on the petitioners' father's legal notice and implement BDA Resolution No.133/19?
1 provisions across 1 enactments
J.V. Venkatesh
J.V. Srinivas
The Chief Secretary, State of Karnataka
The Additional Chief Secretary, Urban Development Department, State of Karnataka
The Commissioner, Bangalore Development Authority (BDA)
The Town Planning Member, BDA
M.I. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
