IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 27TH DAY OF APRIL, 2017 BEFORE THE HON'BLE MR.JUSTICE RAVI MALIMATH WRIT PETITION NO.18359 OF 2017(BDA) BETWEEN:
SRI B.V.UMAPATHI, S/O VENKATASWAMY REDDY, AGED ABOUT 59 YEARS, RESIDING AT NO.9/1, 10TH MAIN, 100 FT. ROAD, BANASWADI, BENGALURU – 560 043. …PETITIONER (BY SRI VISHWANATH H.M, ADVOCATE) AND :
1. THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, Dr.B.R.AMBEDKAR VEEDHI, BENGALURU – 560 001.
2. THE COMMISSIONER, BENGALURU DEVELOPMENT AUTHORITY SANKEY ROAD, BENGALURU – 560 003 3. SMT.H.G.RATHIDEVI, (RESPONDENT NOs. W/O LATE NARAYANA REDDY 3 TO 6 ARE AGED ABOUT 70 YEARS, DELETED VIDE ORDER DATED 4. SRI B.N.RAMA REDDY 27.04.2017) S/O LATE NARAYANA REDDY AGED ABOUT 45 YEARS, 5. SMT.B.N.ANUPAMA D/O LATE NARAYANA REDDY AGED ABOUT 43 YEARS, 6. SRI B.N.LOKESH S/O LATE NARAYANA REDDY AGED ABOUT 41 YEARS, RESPONDENT NOS.3 TO 6 ARE RESIDING AT NO.772/2, B.V.REDDY GARDENS NO.9, 10TH CROSS, 100 FT. ROAD BANASAWADI, BENGALURU – 560 043. …RESPONDENTS (BY SMT.SHWETHA KRISHNAPPA, HCGP FOR R1, SRI RAJARAM S, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE ACTIONS OF THE RESPONDENT No.2 IN RESORTING TO CONTINUOUS INTERFERENCE IN ENJOYMENT OF THE PETITIONER OVER THE LAND BEARING SY.No.345 MEASURING 3 ACRES, 23 GUNTAS, SITUATED AT BANASWADI VILLAGE, K.R.PURAM HOBLI, BENGALURU EAST TALUK IN THE GUISE OF FORMATION OF ROAD, WITHOUT NOTICE AND WITHOUT FOLLOWING THE DUE PROCESS OF LAW AS ILLEGAL, ARBITRARY, MALAFIDE, UNCONSTITUTIONAL VIOLATIVE OF ARTICLES 14, 21 AND 300-A OF THE CONSTITUTION OF INDIA AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The plea of the petitioner is that the second respondent – Bengaluru Development Authority (BDA) has encroached upon their land in question without authority of law.
2. The learned counsel for respondent No.2 – BDA submits that all actions of the BDA will be purely in accordance with law. That will strictly comply with law.
3. In view of the submission made, nothing further survives for consideration. Hence, the petition is disposed off by noting the submission of the learned counsel for respondent No.2 – BDA.
The learned Government Pleader is permitted to file memo of appearance within four weeks.
Sd/- JUDGE sma