Dismissed¶42

M Ramaiah v. the Bangalore Development Authority

Karnataka HC21 Jan 2025WP/34005/2018

Case brief

AI extract

What is this about?

Abatement of writ petition on death of sole petitioner; no further instructions to counsel; BDA site allotment and deed of conveyance in Nadaprabhu Kempe Gowda Layout left unadjudicated; WP No. 34005 of 2018 (BDA), High Court of Karnataka, decided 21-01-2025 by M.G.S. Kamal J.; Articles 226 and 227 Constitution of India; dismissed as abated, not on merits.

What did the court decide?

In light of counsel's submission that the petitioner had passed away on 10.06.2021 and that counsel had no further instructions in the matter, the writ petition was dismissed as abated. No adjudication was made on the merits of the challenge to the allotment or conveyance. ¶42

M Ramaiah Vs the Bangalore Development Authority — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:2395 WP No. 34005 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 34005 OF 2018 (BDA)

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BETWEEN:

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M.RAMAIAH S/O LATE CHIKKAMUNIYAPPA AGED ABOUT 76 YEARS R/AT NO. 20/202 2^ND CROSS, PANTHARPALYA NAYANDAHALLI POST BENGALURU – 560 039.

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…PETITIONER

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(BY SRI BYRE GOWDA N., ADVOCATE)

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AND:

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Digitally signed by SUMA B N Location: High Court of Karnataka

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THE BANGALORE DEVELOPMENT AUTHORITY BY ITS COMMISSIONER T.CHOWDAIAH ROAD BENGALURU – 560 020.

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THE SECRETARY THE BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD BENGALURU – 560 020.

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THE DEPUTY COMMISSIONER (ACQUISITION) THE BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD BENGALURU – 560 020.

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NC: 2025:KHC:2395 WP No. 34005 of 2018

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THE DEPUTY SECRETARY-1 THE BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD BENGALURU – 560 020.

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THE SPECIAL LAND ACQUISITION OFFICER THE BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD BENGALURU – 560 020.

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SRI L.RAGHU WORKING AS EXECUTIVE ENGINEER BANGALORE DEVELOPMENT AUTHORITY VIJAYANAGAR WEST, BDA COMPLEX BENGALURU – 560 040.

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SRI CHETHAN ANAND WORKING AS INCHARGE EE, BDA VIJAYANAGAR WEST, BDA COMPLEX BENGALURU – 560 040.

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SRI C.H.MOHANSWAMI

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WORKING AS AEE NO. 3, BDA VIJAYANAGAR WEST, BDA COMPLEX BENGALURU – 560 040.

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SRI L.RENUKAPPA

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S/O LATE K.G.LINGANNA AGED ABOUT 64 YEARS R/AT NO. 1514, 2^ND BLOCK SRI M.VISHVESHWARAIAH LAYOUT BENGALURU – 560 060.

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SMT. RUDRAMMA D/O LATE GURUSIDDAPPA

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R/AT SULIKEREPALYA AND VILLAGE

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NC: 2025:KHC:2395 WP No. 34005 of 2018

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SULIKERE POST, KENGERI HOBLI BENGALURU SOUTH TALUK BENGALURU – 560 060.

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SRI M.G.ANAND S/O SRI R.GOPAL R/AT NO. 1209, 9^TH CROSS 14^TH MAIN ROAD, JUDICIAL LAYOUT GKVK POST, BENGALURU – 560 065.

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SRI N.NARASIMHAMURTHY S/O LATE NANJUNDAPPA BENGALURU Z.P. MEMBER R/AT NO. 126, YADUNANDANA NILAYA KUMBALAGODU, MYSURU ROAD BENGALURU – 560 074.

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…RESPONDENTS

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(BY SRI AJAY KUMAR M., ADVOCATE FOR R1 TO R5; SMT. RAKSHITHA D. J., ADVOCATE AND SMT. VAIBHAVI, ADVOCATE FOR R9; R6, R7, R8, R11, AND R12 ARE SERVED)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ALLOTMENT OF SITE NO'S 3299, 3300, 3301, 3302 SITUATE IN BLOCK 7 STRUCTURE F (ALL MEASURING 15 MTS X 24 MTS) OF NADAPRABHU KEMPE GOWDA LAYOUT (ANNEXURE-K1, K2, K3, K4 SERIES DATED 13.6.2017 AND ALSO THE CONSEQUENTIAL DEED OF CONVEYANCE MADE IN FAVOUR OF THE 9^TH RESPONDENT (ANNEXURE M1, M2, M3, M4 SERIES) DATED 21.6.2017 AND ETC.,

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC:2395 WP No. 34005 of 2018

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CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL

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ORAL ORDER

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Learned counsel for the petitioner submits that the petitioner has passed away on 10.06.2021, and he has no further instructions in the matter.

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