IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 6TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE ASHOK S. KINAGI WRIT APPEAL NO.2783 OF 2013 (BDA) BETWEEN:
J.C. SHIVAKUMAR SON OF LATE D. JAVARAYI GOWDA AGED ABOUT 54 YEARS RESIDING AT NO.313, OLD NO.451, 2ND MAIN ROAD 3RD CROSS, GANGANADI ROAD, PIPE LINE BENGALURU-560 050.
(BY SRI K. SHANTHARAJ, ADVOCATE) AND:
THE COMMISSIONER ...APPELLANT BENGALURU DEVELOPMENT AUTHORITY (BDA) T. CHOWDAIAH ROAD BENGALURU-560 020.
…RESPONDENT (BY SRI A.M. VIJAY, ADVOCATE) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO ALLOW THE WRIT APPEAL BY SETTING ASIDE THE ORDER DATED 28.02.2013 PASSED BY THE LEARNED SINGLE JUDGE OF THIS COURT IN WRIT PETITION NO.42443 OF 2012 (BDA) AND ALLOW THE WRIT PETITION AS PRAYED FOR WITH A DIRECTION TO THE RESPONDENT TO ALLOT AN ALTERNATIVE SITE IN EQUAL MEASUREMENT IN LIE OF SITE ALLOTTED IN HIS FAVOUR.
***** THIS WRIT APPEAL COMING ON FOR FINAL HEARING THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT The learned counsel for the appellant submits that the appeal may be dismissed as having become infructuous. Ordered as such.
Sd/- Sd/-
JUDGE JUDGE Rsk/-