IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF JULY, 2018 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR WRIT PETITION No.13049/2014 (BDA) c/w W.P.No.47184/2011 (BDA) and W.P.No.47185/2011 (BDA) IN W.P.NO.13049/2014 BETWEEN SRI CHINNA NARAYANA SWAMY, S/O LATE PATEL SHETTAPPA, AGED ABOUT 74 YEARS, R/AT NO.152, "SRI MADHWA", SIXTH CROSS, NINTH MAIN, N.T.I. LAYOUT, VIDYARANYAPURA, BANGALORE-560097. ... PETITIONER (BY SRI. D N MANJUNATH, ADV.) AND 1. THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE-560020.
2. THE DEPUTY SECRETARY BANGALORE DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE-560020.
3. SATISH KUMAR S, S/O LATE SADASHIVAN, MAJOR, NO.473, ANANDAPUR SLUM, HAL 3RD STAGE, BANGALORE.
4. SHIVAKUMAR.S S/O LATE SADASHIVAN, MAJOR, NO.473, ANANDAPUR SLUM, HAL 3RD STAGE, BANGALORE.
(BY SRI. K.KRISHNA, ADV. FOR R1 & R2, SRI. S.N.HATTI, ADV. FOR R3 & R4) ... RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT TO THE RESPONDENTS BY DIRECTING THE CONCERNED OFFICIALS TO RESTORE THE POSSESSION OF THE SITE BEARING NO.473, SITUATED AT ANANDAPURA SLUM EXTENSION, HAL 3RD STAGE, BANGALORE MEASURING EAST TO WEST - 20 FEET AND NORTH TO SOUTH 25 FEET IN FAVOUR OF THE PETITIONER IN VIEW OF THE ORDER PASSED IN W.P.NO.47185/2011 (BDA) DATED 29.1.2013 VIDE ANNX-L.
IN W.P.NO.47184/2011 BETWEEN SRI. CHINNA NARAYANA SWAMY, S/O LATE PATEL SHETTAPPA, AGED ABOUT 71 YEARS, R/AT NO.5-132, SECOND (2) CROSS, FIFTH (5) MAIN, CHAMUNDESHWARI LAYOUT, VIDYARANYAPURA POST, BANGALORE 560097. ... PETITIONER (BY SRI. D N MANJUNATH, ADV.) AND 1. THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, T CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE 560020.
2. THE DEPUTY SECRETARY, BANGALORE DEVELOPMENT AUTHORITY, T CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE-560020.
3. SMT. KHATUN BI, W/O SRI. MOHADEEN SAB, AGED 60 YEARS, R/AT NO.164 ‘D’, FIRST MAIN, SHESHADRIPURAM, BANGALORE 560020.
4. SRI K KANIKARAJ, S/O SRI KUPPASWAMY, MAJOR IN AGE, R/AT NO.106/C, HAL III STAGE, ANANDAPURA SLUM, BANGALORE-560075. ... RESPONDENTS (BY SRI. C R GOPALASWAMY, ADV. FOR R1 & R2, SRI. JAGADISH.B.N, ADV. FOR R4, V/O DT:05/11/2012 NOTICE TO R3 HELD SUFFICIENT.) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CANCELLATION DEED DTD.2.1.2002 EXECUTED BY THE BANGALORE DEVELOPMENT AUTHORITY WHICH IS REGISTERED AS DOCUMENT NUMBER 13281/2001-02 IN BOOK-I, VOLUME 424 IN THE OFFICE OF THE ADDITIONAL SUB-REGISTRAR, BANGALORE DISTRICT, FOLOWED BY AN LETTER OF ALLOTMENT DTD.3.1.2002 BEARING NO.BDA/DSI/472/ANANDPURA/HAL III STAGE EXECUTED BY THE RESPONDENTS ONE AND TWO BY HOLDING THAT THE ORDER PASSED BY THE R2 IS ILLEGAL AND WITHOUT JURISDICTION AND NOT IN ACCORDANCE WITH LAW ETC.
IN W.P.NO.47185/2011 BETWEEN SRI. CHINNA NARAYANA SWAMY, S/O LATE PATEL SHETTAPPA, AGED ABOUT 71 YEARS, R/AT NO. 5-132, SECOND (2) CROSS, FIFTH (5) MAIN, CHAMUNDESHWARI LAYOUT, VIDYARANYAPURA POST, BANGALORE-560097. ... PETITIONER (BY SRI. D N MANJUNATH, ADV.) AND 1. THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, T CHOWDAIAH ROAD, KUMARA PARK WEST BANGALORE-560020.
2. THE DEPUTY SECRETARY, BANGALORE DEVELOPMENT AUTHORITY, T CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE-560020.
3. SMT. MAHABOOB, D/O SRI SABAJAN SAHEB, AGED 54 YEARS, R/AT NO. 164 ‘D’, FIRST MAIN ROAD, SHESHADRIPURAM MAIN ROAD, BANGALORE-560020.
4. SMT. SULOCHANA, W/O SRI. SADASHIVAN, SINCE DEAD REPRESENTED BY HER LEGAL HEIRS, 4(a). SRI. SATISH KUMAR.S S/O LATE SADASHIVAN, AGED ABOUT 45 YEARS, RESIDING AT NO.473, ANANDAPUR SLUM, HAL 3RD STAGE, BANGALORE.
4(b). SRI. SHIVAKUMAR.S S/O LATE SADASHIVAN, AGED ABOUT 44 YEARS, RESIDING AT NO.473, ANANDAPUR SLUM, HAL 3RD STAGE, BANGALORE. ... RESPONDENTS (BY SRI. S.N.HATTI, ADV. FOR R4, V/O DT:05/11/2012 R3 HELD SUFFICIENT.) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CANCELLATION DEED DT.2.1.02, EXECUTED BY THE BANGALORE DEVELOPMENT AUTHORITY WHICH IS REGISTERED AS DOCUMENT NUMBER 13283/01-02 IN BOOK-I VOL-424 IN OFFICE OF THE ADDL. SUB-REGISTRAR, BANGALORE DIST. FOLLOWED BY AN LETTER OF ALLOTMENT DT.3.1.02,EXECUTED BY THE R1 & R2 BY HOLDING THAT THE ORDER PASSED BY THE RESPONDENT IS ILLEGAL & WITHOUT JURISDICTION & NOT IN ACCORDANCE WITH LAW & PRODUCED AS ANN-N & P ETC.
THESE WPs COMING ON FOR ‘ORDERS’ THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Memo is preferred by the *respondents 3 & 4 seeking to dismiss the writ petitions as they have become infructuous.
Memo reads as under:
“The above Writ Petition is preferred seeking a writ of Mandamus or appropriate writ, or direction to respondents to restore the possession of site No.473, situated at Ananda Puram Slum Extension, HAL III Stage, Bangalore in view of the order passed in WP No.47185/2011 (BDA) dated 29.1.2013.
The order in WP No.47185/2011 (BDA) dated 29.1.2013 is recalled by this Hon’ble Court on 12.1.2016 on the ground that it is a void order being against a dead person. In view of the recalling the said order the above writ petition does not survive and it has become infructuous.”
Memo is taken on record.
Petitions are dismissed as having become infructuous.
Sd/- JUDGE Sk/- CT-HR *CORRECTED V/C/O DATED 10/10/2019