IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2019 PRESENT THE HON’BLE MR.JUSTICE L. NARAYANA SWAMY AND THE HON’BLE MR.JUSTICE R. DEVDAS WRIT APPEAL No.4216/2017 (BDA) BETWEEN:
VIJAYANAGAR CLUB A SOCIETY REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, REPRESENTED BY ITS MANAGER ACCOUNTS, NO.1 TO 4 RPC LAYOUT, VIJAYANAGAR, BANGALORE - 560 040.
(BY SRI. NATARAJ R, ADV.) AND:
1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, M.S.BUILDING, DR. B.R.AMBEDKAR ROAD, BANGALORE - 560 001.
2. THE BANGALORE DEVELOPMENT AUTHORITY BY ITS COMMISSIONER, T. CHOWDAIAH ROAD, ... APPELLANT KUMAR PARK WEST, BANGALORE - 560 020.
3. THE DEPUTY SECRETARY - I THE BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMAR PARK WEST, BANGALORE - 560 020.
... RESPONDENTS (BY SRI. BHANUPRAKASH, V.G., AGA FOR R1;
SRI. C.R. GOPALASWAMY, ADV. FOR R2 & R3) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 01/06/2017 PASSED IN THE WRIT PETITION NO.59696/2016.
THIS WRIT APPEAL COMING ON FOR ADMISSION, THIS DAY, NARAYANA SWAMY J., DELIVERED THE FOLLOWING:
J U D G M E N T Demand made for depositing of lumpsum lease amount of Rs.3,25,58,740/- by notice dated 13th November 2015 was the subject matter before the learned Single Judge in Writ Petition. The learned Single Judge has passed interim order passed on 01st June 2017 directing the petitioner to deposit the annual rent of Rs.1.55 crore. Against the same, this appeal is filed.
2. The learned counsel for the appellant submits that during the pendency of the petition, the appellant has deposited the entire lumpsum amount as demanded on 13th November 2015. In view of the submission that the entire amount has been deposited, this appeal does not survive consideration. Hence, appeal stands disposed of reserving liberty to the parties to take appropriate grounds before the learned Single Judge.
Sd/- JUDGE Sd/- JUDGE lnn