IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE P.B.BAJANTHRI W. P. NOS.26271 - 26272 OF 2017 (BDA) BETWEEN:
1. SRI MOHAMMED SAIT, S/O LATE ABDUL AZEEZ SAIT, AGED ABOUT 42 YEARS 2. SMT SADIKA MOHAMMED, W/O MOHAMMED SAIT, AGED ABOUT 36 YEARS (By Sri K.R.LINGARAJU, ADVOCATE) .. PETITIONERS AND:
1. THE COMMISSIONER, BENGALURU DEVELOPMENT AUTHORITY, T CHOWDAIAH ROAD, KUMARAPARK WEST, BENGALURU - 20 2. FINANCE MEMBER, BENGALURU DEVELOPMENT AUTHORITY, T CHOWDAIAH ROAD, KUMARAPARK WEST, BENGALURU - 20 3. ACCOUNT OFFICER BENGALURU DEVELOPMENT AUTHORITY, T CHOWDAIAH ROAD,KUMARAPARK WEST, BENGALURU - 20 .. RESPONDENTS (BY SRI M.N. SUDEV HEGDE, ADVOCATE) *** THESE PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED LETTER DATED 03.05.17 ISSUED BY R2 VIDE ANN.A, DIRECT RESPONDENTS TO CLEAR ILLEGAL STRUCTURES IN THE SITE BEARING NO.614, HBR LAYOUT, 1ST STAGE, 4TH BLOCK, BENGALURU AND FURTHER DIRECT THE RESPONDENTS TO ISSUE COMMUNICATION CALLING PETITIONERS TO PAY REMAINING BALANCE OF AUCTION CONSIDERATION, ETC., THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER On 21.08.2019, this Court passed the following order:
“The learned counsel for the respondent furnished sale deed executed pursuant to the auction of the subject matter of the site.
In view of the latest development the present petition do not survive for consideration and at this stage, petitioner Counsel seeks time.
List these matters on 28.08.19.”
2. Today, the learned counsel for petitioners, on instructions, submits that the present writ petitions do not survive for consideration due to latest development.
3. Accordingly, these writ petitions are disposed of.
VK Sd/- JUDGE