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2025 Supreme(Online)(Kar) 25894

KARNATAKA HIGH COURT
D DHARMICHAND – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 928 / 2019



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 928 OF 2019 (LB-BMP)

BETWEEN:

1. D DHARMICHAND SINCE DEAD REPRESENTED BY HIS LRS.

1a. MAHAVEERCHAN SETHIA AGED ABOUT 59 YEARS S/O LATE DHARMICHAND R/O NO.78 SANNATHI SREEET TIRUVANNAMALAI TAMULNADU.

1b. ARVIND SETHIA AGED ABOUT 50 YEARS S/O LATE SOHANRAJ KOTHARI

62/1, KOTHARI COMPLEX SARAKKI MAIN ROAD INDIRA GANDHI CIRCLE Digitally signed BANGALORE- 560078.

by KIR AN KUMAR R …PETITIONERS Location: HIGH COURT OF KARNATAKA (BY SRI D. DHARMICHAND, ADV., SINCE DECEASED BY LRs a)MAHAVEERCHAN SETHIA b)ARVIND SETHIA, PARTY-IN-PERSONS)

AND:

1. THE STATE OF KARNATAKA BY ITS REVENUE SECRETARY REVENUE DEPARTMENT VIKASA SOUDHA DR B.R. AMBEDKAR ROAD BENGALURU-560001.

2. BANGALORE DEVELOPMENT AUTHORITY BY ITS CHAIRMAN, T CHOWDAIAH ROAD, KUMARA PARK, BENGALURU – 560020.

3. THE SPL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD,KUMARA PARK BENGALURU-560 020.

4. THE ASST. DIRECTOR OF LAND RECORDS CITY SURVEY DIVISION NO.3, NEW GOVERNMENT OFFICES BUILDING, K R CIRCLE BENGALURU-560 002

5. BRUHAT BENGALURU MAHANAGARA PALIKE BY ITS COMMISSIONER N R SQUARE, BENGALURU-560 002.

6. THE ASST REVENUE OFFICER BRUHAT BENGALURU MAHANAGARA PALIKE, SHANTHINAGAR SUB DIVISION BENGALURU-560 027.

7. H.D. GANGARAJ AGED ABOUT 70 YEARS, S/O H DEVANNA NO.65 6TH MAIN GANDHINAGAR BENGALURU – 560 009.

8. SMT H.V. SOUBHAGYA AGED ABOUT 60 YEARS, W/O H D GANGARAJ NO.65 6TH MAIN GANDHINAGAR BENGALURU-560 009.

9. GIRISH KUMAR AGED ABOUT 50 YEARS, S/O H D GANGARAJ NO.65 6TH MAIN GANDHINAGAR BENGALURU – 560 009.

10. SMT SMITHA W/O S G PRAVEEN AGED ABOUT 39 YEARS, R/AT NO.6003

1ST FLOOR 13TH CROSS, 2ND PHASE J P NAGAR BENGALURU – 560 078.

11. SMT S G SHILPA W/O A S GUTHAM RAGHAVENDRA AGED ABOUT 36 YEARS, R/AT NO.672/B, 1TH CROSS 7TH BLOCK WEST JAYANAGAR BENGALURU-560 082.

12. M/S KAY ARR & CO., BY ITS PROPRIETOR B-02, TRUMPH TOWER NO.5/2, EAGLE STREET, LANGFORD TOWN BENGALURU-560 025.

…RESPONDENTS (BY SMT. SPOORTHI V, HCGP FOR R-1 & R-4;

SRI B.S. SACHIN, ADV., FOR R-3;

SRI H. DEVENDRAPPA, ADV., FOR R-5 & R-6;

SRI SANDESH C.R, ADV., FOR R-7 TO R-11;

SRI NAGENDRA SHETTY, ADV., FOR R-12)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.5 & 6 GRANT THE REQUEST MADE BY THE PETITIONER VIDE ANNX-A DTD 01.06.2018.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA

ORAL ORDER

1. The prayer in this writ petition is for issuance of a mandamus to direct respondent Nos.5 and 6 to consider the request of petitioner made at Annexure – A, which is a representation dated 01.06.2018.

2. The BBMP has filed a counter, in which it is stated that by an endorsement dated 01.01.2019, the representation dated 01.06.2018 has been considered and it is stated therein that the request of the petitioner cannot be acceded to.

3. In view of the fact that the representation for which consideration was sought for in this writ petition has in fact been considered and a endorsement has been issued, it is obvious that the prayer sought for in this writ petition would not survive for consideration.

4. Reserving liberty to the petitioners to challenge the said endorsement, this writ petition is dismissed Sd/-

(N S SANJAY GOWDA)

JUDGE GSR List No.: 1 Sl No.: 19

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