IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER 2017 PRESENT THE HON’BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL NO.1372/2016 (LA-BDA) BETWEEN :
1. BANGALORE DEVELOPMENT AUTHORITY T.CHOUDAIAH ROAD KUMARA PARK WEST BENGALURU – 560 020 REPRESENTED BY ITS COMMISSIONER 2. THE ENGINEERING MEMBER BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU – 560 020 3. THE LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY T.CHOUDAIAH ROAD KUMARA PARK WEST BENGALURU – 560 020 4. THE EXECUTIVE ENGINEER BANGALORE DEVELOPMENT AUTHORITY T.CHOUDAIAH ROAD KUMARA PARK WEST BENGALURU – 560 020 APPELLANT NOS. 1 TO 4 ARE BEING THE DIFFERENT SECTION OF THE SAME AUTHORITY ARE REPRESENTED BY ALAO ...APPELLANTS (BY SRI M.V.CHARATI FOR SRI G.S.KANNUR, ADVOCATES) AND :
SRI SRINIVASA AGED ABOUT 57 YEARS S/O HANUMANTHAPPA R/AT SONNENAHALLI VILLAGE ULLALU POST, KENGERI HOBLI BANGALORE SOUTH TALUK BANGALORE ...RESPONDENT (BY SRI D.L.JAGADEESH, SENIOR COUNSEL FOR MS. D.J.RAKSHITHA, ADVOCATE) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 11.02.2015 PASSED IN WRIT PETITION NO.16953/2014.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE ACTING CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT Ag.CJ (Oral):
1. In the interest of justice, delay of 436 days in filing the appeal is condoned. IA No.1/2016 is allowed accordingly.
2. Learned Counsel appearing for the appellants fairly submits that a similar appeal in Writ Appeal No.1375/2016 has been dismissed by a coordinate bench of this Court on 04.12.2017, and hence, this appeal is also liable to be dismissed. The writ appeal is accordingly dismissed. In view of dismissal of the appeal, IA No.2/2016 does not survive for consideration; it stands disposed of accordingly.
Appeal dismissed.
Sd/-
ACTING CHIEF JUSTICE KSR Sd/- JUDGE