IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.52010/2017 (BDA) BETWEEN:
THE R.B.I. STAFF AND OTHERS CO-OPERATIVE HOUSING SOCIETY LTD., REP BY ITS SECRETARY NO.540/A, RBI LAYOUT J.P. NAGAR 7TH PHASE BANGALORE-560078 …PETITIONER (BY SRI JAYAKUMAR S. PATIL, SENIOR COUNSEL A/W SRI BASAVARAJAIAH N., ADV.) AND:
1 . THE STATE OF KARNATAKA REP BY ITS SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA BANGALORE-560001 2 . THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST T.CHOWDAIAH ROAD BANGALORE-560020 3 . THE TOWN PLANNING MEMBER BDA, KUMARA PARK WEST T.CHOWDAIAH ROAD BANGALORE-560020 4 . SRI B.S.HEMANTHKUMAR S/O LATE B.H.SREENIVASA MURTHY AGED ABOUT 57 YEARS R/O NO.5/6, KANAKAPURA MAIN ROAD YELACHENAHALLI J P NAGAR 7TH PHASE BANGALORE-560078 …RESPONDENTS (BY SRI K.R.NITYANANDA, HCGP FOR R-1; SRI K.KRISHNA, ADV. FOR R-2 & R-3; SRI D.R.RAVISHANKAR, ADV. FOR R-4.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE RESOLUTION No.120/2017 PASSED BY THE BANGALORE DEVELOPMENT AUTHORITY R-2 WHICH IS PRODUCED VIDE ANNEXURE-G.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has sought for the following reliefs:
“a] To issue a writ of certiorari to quash the resolution No.120/17 dated 31.08.2017 passed by the Bangalore Development Authority, respondent No.2 which is produced as Annexure-G.
b] To issue of writ of mandamus directing the respondent No.2, Bangalore Development Authority to issue the Khatha Certificate to Site Nos.209, 872, 540/A [OHT and UGR], 178 and the Commercial Complex site [466/A] for which the petitioner is the owner. As per the representations submitted by the petitioner which are produced as Annexures-K, L and M dated 09.08.2007, 07.07.2011 and 11.07.2013 respectively.”
2. Learned counsel for the respondent Nos.2 and 3 would submit that based on the wrong notion that there was a direction of this Hon’ble Court for deletion of the area in question from the approved layout plan, the Bangalore Development Authority [BDA] processed the matter and placed before the Authority Meeting held on 31.08.2017 wherein, a resolution impugned has been passed. After having noticed the same, no further proceedings have been initiated in the matter. The said submission is supported with the statement of objections filed by the said respondents.
3. In view of the aforesaid, the resolution impugned dated 31.08.2017 passed by the BDA – respondent No.2 in Subject No.120/17 at Annexure-G to the writ petition is quashed.
4. As regards the second prayer is concerned, it is pointed out by the learned counsel for the respondents that the order of the learned Single Judge passed in W.P.No.50726/2014 is challenged by the fourth respondent in W.A.No.2690/2015 which is pending consideration. A copy of the interim order passed in W.A.No.2690/2015 is placed on record.
5. In view of the interim order of status quo relating to the property in question, ordered in W.A.No.2690/2015 being in operation, the second relief cannot be considered at this stage and accordingly stands rejected.
Writ petition stands disposed of in terms of the above.
In view of the disposal of the writ petition, all the pending I.As stand disposed of.
NC.
Sd/- JUDGE