In the High Court of Karnataka at Bangalore Dated This the 31St Day of January 2013 Before the Hon'ble Mr.Justice Ram Mohan Re
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1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 31 ST DAY OF JANUARY 2013 BEFORE THE HON’BLE MR.JUSTICE RAM MOHAN REDDY WRIT PETITION NO.39314/2012(LA-BDA) BETWEEN 1. UMASHANKAR AGED ABOUT 55 YEARS, S/O LATE DODDAMARAPPA, R/AT NO. 19/5, NEW BINNAMANGALA, INDIRANAGAR POST, BANGALORE-38 2. RAMARAJU AGED ABOUT 53 YEARS S/O LATE DODDAMARAPPA BOTH ARE RESIDING AT NO.19/5, NEW BINNAMANGALA, INDIRANAGAR POST, BANGALORE-560038. ... PETITIONERS (By Sri K G SADASHIVAIAH, ADV) AND 1. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, CHOWDAIAH ROAD, KUMARAPARK WEST, 2 BANGALORE-20 2. THE SECRETARY HOUSING AND URBAN DEVELOPMENT, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BANGALORE-01 3. THE SECRETARY VYALIKAVAL HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED, 15TH CROSS, MALLESHWARAM, BANGALORE-03 4. A SUKLAL, S/O LATE F V AMBARAM R/AT NO. 6, HOSPITAL ROAD, CIVIL STATION, BANGALORE-01 5. M C ASSOCIATES A PARTNERSHIP FIRM 6. M B & COMPANY A PARTNERSHIP FIRM 7. M.N.I BUILDERS A PARTNERSHIP FIRM 8. M.P. DEVELOPERS A PARTNERSHIP FIRM 9. MR. ENTERPRISES A PARTNERSHIP FIRM 10. M.J. CONSTRUCTION A PARTNERSHIP FIRM 11. M.S.PARTNERS A PARTNERSHIP FIRM 3 RESPONDENTS 5 TO 11 ARE PARTNERSHIP FIRMS AND REP. BY THEIR AUTHORIZED SIGNATORY MR. R C BHUVAIK AND ALL HAVING THEIR OFFICES AT 8TH FLOOR, THE ESTATE, 121, DICKENSON ROAD, BANGALORE-42 ... RESPONDENTS (By Sri B V SHANKARANARAYANA, ADV FOR R-1, M/S POOVAYYA AND CO., ADVS FOR R5 TO 11, Sri K KRISHNA, AGA FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION DATED 3.11.1977 ISSUED BY THE FIRST RESPONDENT VIDE ANNEXURE-N AND FINAL NOTIFICATION DATED 13.11.1980 VIDE ANNEXURE-P ISSUED BY THE SECOND RESPONDENT IN THE NAME OF THE FOURTH RESPONDENT A.SUKLAL IN SO FAR AS THE LAND BEARING SY.NO.78 OF BINNAMANGALA VILLAGE, OLD MADRAS ROAD, BANGALORE-560038 MEASURING 1 ACRE 19 GUNTAS, CONSEQUENTLY QUASH ALL THE FURTHER PROCEEDINGS AND TRANSACTIONS THAT HAD TAKEN PLACE WITH REGARD TO THE PROPERTY IMPUGNED IN THIS WRIT PETITION. THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: 4 O R D E R This petition is rejected at the threshold since the petitioner suffered an order dated 23.8.2011 Annexure ‘X’ rejecting W.P.No.11021/2011 for identical reliefs. I.A.No.11/2012 filed for production of additional documents being unnecessary is rejected. Sd/- JUDGE bkp .