IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 28TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE S. G. PANDIT WRIT PETITION NO.36340 OF 2009 (BDA) BETWEEN:
THE BANGALORE DISTRICT AND BANGALORE RURAL DISTRICT RURAL DISTRICT CO-OPERATIVE CENTRAL BANK EMPLOYEES CO-OPERATIVE SOCIETY LIMITED NO.6, “LAKSHMI SADAN”
5TH MAIN ROAD, CHAMARAJPET BENGALURU -560018 REPRESENTED BY ITS VICE PRESIDENT SRI.BETTASWAMY GOWDA.
(BY SRI. P ANAND, ADVOCATE) ... PETITIONER AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY HOUSING AND URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA BENGALURU -560001.
2. THE BENGALURU DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER KUMARA PARK WEST T.CHOWDAIAH ROAD BENGALURU -560020.
... RESPONDENTS (BY SRI.VASANTH V FERNANDES, HCGP FOR RESPONDENT No.1 SRI.D.N.NANJUNDA REDDY, SENIOR COUNSEL FOR SRI.K.KRISHNA, ADVOCATE FOR RESPONDENT No.2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE BENGALURU DEVELOPMENT AUTHORITY TO EXECUTE IN FAVOUR OF THE PETITIONER THE REQUIRED DEED OF CONVEYANCE IN FAVOUR OF THE PETITIONER AND DELIVER UNTO IT THE PHYSICAL POSSESSION OF THE LAND MEASURING 5 ACRES IN EXTENT COMPRISED IN SURVEY NO. 78 OF NAGARABHAVI VILLAGE OF BENGALURU NORTH TALUK, WITHOUT BROOKING ANY FURTHER DELAY IN THE MATTER.
THIS WRIT PETITION COMING ON FOR HEARING THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER The plea of the petitioner is for a writ of mandamus to direct the 2nd respondent – Bangalore Development Authority (for short ‘the BDA’) to execute the deed of conveyance in favour of the petitioner with regard to the land in question. It is submitted that the deed of conveyance is consequent to bulk allotment made to the petitioner and others. That subsequently the BDA has cancelled the bulk allotment. As such the bulk allotment has been challenged in Writ Petition No.47525 of 2016, which is pending consideration.
2. Therefore, on hearing learned counsels, we do not find any reason to keep this petition pending. The result of the pending petition would have a bearing on the instant petition. Hence, this writ petition is disposed off with liberty to the petitioner to re-open this case, in case he succeeds in the pending Writ Petition No.47525 of 2016.
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JUDGE JUDGE NG* CT: bms