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Athmananda Trust And Others vs The Estate Officer And Others

High Court Of Karnataka|13 March, 2019
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JUDGMENT / ORDER

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13th DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NOS. 18287 & 18448 OF 2014 (GM-PP) BETWEEN:
1. ATHMANANDA TRUST NO.40, 7TH CROSS ATHMANANDA COLONY SULTHANPALYA, R.T.NAGAR BANGALORE-560032.
BY ITS PRESIDENT SRI.M.SRINIVASULU S/O. M.MUNISWAMY AGED ABOUT 74 YEARS.
2. SRI M SRINIVASULU S/O. M.MUNISWAMY AGED ABOUT 74 YEARS PRESIDENT OF ATHMANANDA TRUST NO.40, 7TH CROSS ATHMANANDA COLONY SULTHANPALYA, R.T. NAGAR BANGALORE-560 032. ... PETITIONERS (BY SRI. B. SRINIVAS, ADV.) AND:
1. THE ESTATE OFFICER HEAD QUARTER CELL, KARNATAKA & KERALA SUB-AREA, CUBBON ROAD, BANGALORE-01.
2. PARACHUTE REGIMENT TRAINING CENTRE PRASHIKSHAN KENDRA, PRTC, J.C. NAGAR, BANGALORE-560 006. REPRESENTED BY ITS COMMANDANT/COLONEL. ... RESPONDENTS (BY SMT. SUMATHI, CGC) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 OR ANYBODY ELSE CLAIMING THROUGH IT TO DESIST FROM TAKING ANY ACTION WHATSOEVER IN RESPECT OF THE BELOW MENTIONED LAND PENDING DISPOSAL OF THE PROCEEDINGS PENDING BEFORE THE R-1 VIDE ANNX-H THERE ARE NO OTHER PROCEEDINGS BEFORE THE COURTS OF LAW.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. B.Srinivas, learned Counsel for the petitioners.
Smt.Sumathi, learned Central Government Counsel for the respondents.
The petitions are admitted for hearing. With the consent of learned Counsel for the parties, the matters are heard finally.
2. In these writ petitions, petitioners, inter alia, seek for the following reliefs:
“i) Issue an appropriate writ/direction directing the respondent No.2 or anybody else claiming through it to desist from taking any action whatsoever in respect of the below mentioned land pending disposal of the proceedings pending before the 1st respondent in No.7224/22/ENC/PRTC/03 vide Annexure-H. There are no other pending proceedings before the Courts of law.
ii) Pass such other orders, writ/direction as deems fit to by this Hon’ble Court in the circumstances of the case in the interest of justice and equity.”
3. When the matter was taken up today, learned counsel for respondents No.1 and 2 submitted that the aforesaid respondents have concluded the proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 against the petitioner. Therefore, nothing survives for adjudication in these writ petitions.
4. The aforesaid statement is taken on record.
Accordingly, these writ petitions are disposed of as infructuous.
Sd/- JUDGE akc/-
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Title

Athmananda Trust And Others vs The Estate Officer And Others

Court

High Court Of Karnataka

JudgmentDate
13 March, 2019
Judges
  • Alok Aradhe