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2006 Supreme(Kar) 666

H.L.DATTU, A.S.BOPANNA
BHAVANI HOUSING CO-OPERATIVE SOCIETY LIMITED (R), BANGALORE – Appellant
Versus
BANGALORE DEVELOPMENT AUTHORITY – Respondent


ADVOCATE APPEARED
Sri S. Vijaya Shankar, Senior Counsel for Sri G. Krishnamurthy, Advocate for Appellant in W.A. No. 3697 of 2005;
Sri Ananth Mandagi, Advocate for Appellant in W.A. No. 3759 of 2005 and for CaveatorRespondent-2 in W.A. No. 3697 of 2005;
Sri Abdul Khader, Advocate for Respondent-1 in W.A. No.3697 of 2005;
Sri Basavaraj V. Sabarad, Advocate for Respondent-1 in W.A. No. 3759 of 2005;
Sri S. Vijaya Shankar, Senior Counsel for Sri G. Krishnamurthy and Sri Sampath Bapat, Advocates for Respondent-2 in W.A. No. 3759 of 2005.

JUDGMENT

In these intra-Court appeals, the appellant in W.A. No. 3697 of 2005 (hereinafter referred to as 'the Society' for the sake of convenience), who was the petitioner in Bhavani Housing Co-operative Society Limited (Registered), Bangalore v Bangalore Development Authority and Another (Writ Petition No. 35078 of 2003 has challenged the order dated 4-10-2005) passed by the learned Single Judge in its entirety. The appellant in W.A. No. 3759 of 2005 (hereinafter referred to as the 'Trust' for the sake of convenience) was arrayed as the second respondent in the said writ petition. The Trust has challenged the order passed in W.P. No. 35078 of 2003 only to the extent of the learned Single Judge quashing the decision of the Bangalore Development Authority dated 3-10-2002 to execute the lease deed in favour of the Trust.

2. The Society was before the learned Single Judge in the said writ petition calling in question the decision dated 3-10-2002 by which the BDA decided to execute a lease agreement in favour of the Trust in respect of the civic amenity site situate in the Housing Layout formed by the Society. In this regard, the Society also sought for quashing of the lease agreement





























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