IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF AUGUST, 2019 PRESENT THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ WRIT APPEAL NO.3027/2019 (BDA) BETWEEN:
1.SHRI Y GOVARDHAN REDDY AGED ABOUT 39 YEARS S/O SHRI Y CHANDRA REDDY 2.SMT. SUPRIYA ADALA AGED ABOUT 39 YEARS W/O SHRI Y GOVARDHAN REDDY BOTH ARE R/AT NO.5766 MURRAY CIRCLE, DUBLIN OH USA - 43016 BEING REPRESENTED BY THEIR GPA HOLDER SHRI Y.CHANDRA REDDY AGED ABOUT 62 YEARS S/O SHRI Y SIDDA REDDY R/AT CHINNAMUTUKU NADIMICHERLA POST KALAKADA MANDAL CHITTOOR DISTRICT - 517 305 ANDHRA PRADESH ... APPELLANTS (BY SRI PRAKASH T HEBBAR, ADVOCATE) AND:
1.THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU-560 020 2.THE ENGINEER OFFICE-II BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU-560 020 3.THE SUPERINTENDENT OF POLICE TASK FORCE BANGALORE DEVELOMENT AUTHORITY T CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU-560 020 4.SMT. S SELVI W/O LATE D DIWAKAR AGED ABOUT 51 YEARS R/AT NO.680, 2ND CROSS NEW BINNY LAYOUT, BINNYPET BENGALURU - 560 023 ... RESPONDENTS THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 01/07/2019 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.2847/2019 (BDA) AND ETC.
THIS WRIT APPEAL COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT Heard the learned counsel appearing for the appellants.
2. The appellants are not parties to the writ petition before the learned Single Judge. By the impugned order, the learned Single Judge has directed the Bengaluru Development Authority to implement the order dated 5th/9th November 2018 at Annexure-H. The learned Single Judge has not dealt with the issue of legality and validity of the said order.
3. As the order dated 5th/9th November 2018 was operative and was not implemented, the learned Single Judge was justified in passing the order which is impugned in this appeal. Notwithstanding the said order, it will be always open for the appellants to challenge the said order at Annexure-H in accordance with law. If any interim order is granted in the proceedings which may be adopted by the appellants, it will be always open for the appellants to make an appropriate application before the learned Single Judge for recall/modification of the impugned order.
4. Subject to what is observed above, we decline to entertain this appeal and the same is disposed of.
The pending interlocutory applications do not survive and are accordingly disposed of.
Sd/- CHIEF JUSTICE Sd/- JUDGE bkv