The Commissioner Vs State of Karnataka

THIS W.A. IS FILED UNDER SEC.4 OF KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR RECORDS IN WRIT PETITION NO.18154/2014 AND SET ASIDE THE IMPUGNED ORDER PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.18154/2014 VIDE ORDER DATED 12.11.2020.

¶29

THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN

¶30

and

¶31

HON'BLE MS. JUSTICE TARA VITASTA GANJU

¶32

ORAL JUDGMENT

¶33

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

¶34

This appeal is filed seeking following reliefs:

¶35

3 - NC: 2026:KHC:17038-DB WA No. 767 of 2021

¶36

HC-KAR

¶37

"a) Call for records in Writ Petition No.18154/2014 and set aside the impugned order passed by the learned Single Judge in W.P.No.18154/2014 vide order dated 12.11.2020.

¶38

b) Issue writ or order and pass such other relief/s as this Hon'ble Court deems fit to pass in the circumstances of the case in the interest of justice and equity."

¶39

We have heard the learned senior counsel

¶40

appearing for appellants as well as learned Senior Counsel for respondents.

¶41

It is submitted by the learned counsel for respondents that the acquisition in the instant case is for the purpose of forming of BTM 6^th Stage layout by the Bengaluru Development Authority. It is submitted that the lands involved in this case is 1 acre and 4 guntas of land in Sy.No.47/2 of Hulimaavu Village, Begur Hobli, Bengaluru South Taluk, Bengaluru.

¶42

It is submitted that in respect of 3 acres and 5 guntas of land in the very same survey number and in

¶43

4 - NC: 2026:KHC:17038-DB WA No. 767 of 2021

¶44

HC-KAR

¶45

respect of very same village in respect of same Notification, a challenge was raised in WP No.55991/2015, which was allowed by the learned Single Judge by judgment dated 18.09.2017. The scheme in respect of the land bearing Sy.No.47/2 was found to have lapsed and the acquisition was found to have been abandoned. The said judgment of the learned Single Judge was taken up in Writ Appeal No.6936/2017 and by judgment dated 16.08.2018, the Division Bench of this Court considered the matter and opined that since the Government had utilized only a fraction of land which was acquired and the scheme was never implemented in toto, the finding that the acquisition

¶46

stood abandoned in respect of land in Sy.No.47/2 could not be faulted. The appeal was accordingly dismissed. The matter was taken up before the Hon'ble Supreme Court in SLP Nos.19776/2019 connected with SLP No.18966/2019

¶47

and other matters. By order dated 12.10.2022, the SLPs were also dismissed.

¶48

5 - NC: 2026:KHC:17038-DB WA No. 767 of 2021

¶49

HC-KAR

¶50

Having considered the contentions advanced, we

¶51

notice that the acquisition in respect of land comprised in Sy.No.47/2 of Hulimavu Village, Begur Hobli, Bengaluru South Taluk, Bengaluru, is held to have been lapsed abandoned. In view of the fact that the dispute in this Writ Appeal is also in respect of 1 acre and 4 guntas of land in Sy.No.47/2 of Hulimavu Village, Begur Hobli, Bengaluru South Taluk, Bengaluru, covered by the very same Notification, we are of the opinion that nothing survives for consideration in this appeal. Accordingly, this appeal is dismissed .

¶52

All pending interlocutory applications stand disposed

¶53

of.

¶54

Sd/(ANU SIVARAMAN) JUDGE

¶55

Sd/(TARA VITASTA GANJU) JUDGE

¶56

SSD List No.: 1 Sl No.:14.1

The Commissioner v. State of Karnataka

Case brief

What is this about?

What did the court decide?

The Commissioner v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Sri B Ramakrishna Rao Vs M/S Spandana Housing LLP

Karnataka Housing Board Vs Sujata

Smt Soni Prabhu Vs Smt Lakshmi

State Bank of India Vs Sai Getha B R

Bangalore Development Vs the State of Karnataka

Sri. Partha. G. N. Vs a.B.Ramesha Bandisiddegowda