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2023 Supreme(Kar) 1332

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


Advocates Appeared:
For the Petitioner: Sri. H. M. Muralidhar, Adv.
For the Respondents: Sri M.V. Charati, Adv., Sri R. Srinivasa Gowda, AGA, Sri B.J. Krishna Adv., Smt. Sumangala Simimath, Adv.

Table of Content
1. challenge to allotment based on reservation. (Para 1)
2. respondents defend the allotment actions. (Para 2)
3. grounds for denying petition and procedural concerns. (Para 3)

ORDER :

(Krishna S. Dixit, J.)

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 21.06.2022 opposing the petition. The respondent BBMP speaks through its Panel Advocate. The allottee-Tru

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