IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.19682/2016 (BDA) BETWEEN Mrs. P. Bharathi Davi @ Bhavya Aged about 48 years W/o Mukesh Patel D/o Late Parthasarathy R/at No.1806/A, 3rd Cross 9th Main, Prakashnagar 3rd Stage Rajajinagar Bangalore – 560021. ... Petitioner (By Sri. Jaiprakash Rao, Advocate) AND 1. Bangalore Development Authority T. Chowdiah Road, Kumarapark West Bangalore – 560020.
Rep. by its Commissioner 2. The Town Planing Member Bangalore Development Authority T. Chowdiah Road, Kumarapark West Bangalore – 560020.
3. Bruhat Bangalore Mahanagara Palike Corporation Building, Narasimharaj Road Bangaloe – 560002.
4. The Assistant Revenue Officer Mahalakshmipuram Sub-Division Bruhat Bangalore Mahanagara Palike Mahalakshmipuram Bangalore – 560086. ... Respondents (By Sri. K. Krishna, Adv. for R1 & 2;
Sri. K. N. Puttegowda, Adv. for R3 & 4) This writ petition is filed under Articles 226 and 227 of Constitution of India praying to quash / set aside the impugned orders dated 26.03.2016 vide Annex-M issued by the R-2 and etc.
This writ petition coming on for Preliminary Hearing in ‘B’ Group this day, the Court made the following:
ORDER The petitioner, the owner of the subject site has knocked at the doors of Writ Court assailing the order dated 26.03.2016 at Annexure-M whereby, the bifurcation of the site earlier effected vide order dated 06.08.2005 has been rescinded.
2. After service of notice, respondent-BDA having entered appearance through its Senior Panel Counsel Sri K.Krishna, has filed a brief Statement of Objections resisting the Writ Petition. However, having argued the matter for some time, he fairly submits that the impugned order my not be sustainable since the BDA itself has issued the sale deed to the vendor of the petitioner on 15.06.2004 from whom the petitioner has acquired the title vide registered sale deed dated 31.07.2004. In view of the fair stand of the respondent-BDA, nothing more remains for adjudication in this case.
3. In the above circumstances, this writ petition succeeds, a Writ of Certiorari issues quashing the impugned order dated 26.03.2016 issued by respondent No.2 – Town Planning Member of the 1st respondent-BDA and consequently, the bifurcation earlier effected stands revived and validated for all practical purposes.
No costs.
Sd/- JUDGE SN