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2023 Supreme(Kar) 1081

KRISHNA S.DIXIT
Ramaiah City Residents Welfare – Appellant
Versus
Bangalore Development Authority – Respondent


Advocates appeared:
M.V.Charati, Advocate, R.Srinivasa Gowda, Advocate, B.J.Krishna, Advocate, Sumangala Simimath, Advocate, H.M.Muralidhar, Advocate

JUDGMENT

1. Petitioner, a Society registered under the provisions of the Karnataka Society Registration Act, 1960 comprises of members who happen to be owners of houses/sites in a residential layout. It seeks to lay a challenge to the allotment of the subject sites in favour of the 4th respondent-Trust. Learned counsel for the petitioner vehemently argues that: This civic amenity site having been reserved for educational purpose could not have been allotted for religious purpose; the 4th respondent not even being the applicant, no allotment could have been made in its favour. In support of his submission he banks upon a ruling of the Apex Court and of a Co-ordinate Bench of this Court.

2. After service of notice, the respondent-State has entered appearance through the AGA. The respondent-BDA is represented by its Sr. Panel Counsel who has filed the Statement of Objections on 21/6/2022 opposing the petition. The respondent BBMP speaks through its Panel Advocate. The allottee-Trust is represented by a private counsel. All they make submission in justification of the impugned allotment and the conveyance that followed it.

3. Having heard the learned counsel for the parties and having p

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