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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18 th DAY OF NOVEMBER 2015 PRESENT HON'BLE MR.SUBHRO KAMAL MUKHERJEE, ACTING CHIEF JUSTICE AND HON'BLE MRS.JUSTICE B.V.NAGARATHNA RP No.534/2015 & RP Nos.570-571/2015 (In Writ Petition Nos.55974-55976/2013 (KLR-RES-PIL)
BETWEEN :
1. M/S PRESTIGE ESTATES PROJECTS LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT HAVING ITS REGISTERED OFFICE AT "THE FALCON HOUSE" NO.1, MAIN GUARD CROSS ROAD BANGALORE-560 001 REPRESENTED BY ITS EXECUTIVE DIRECTOR LEGAL MR. T ARVIND PAI ... PETITIONER (By Sri GANAPATHI HEGDE, ADVOCATE)
AND :
1. THE KARNATAKA PRAJARAJYA VEDIKE (R) NO.9, NEAR GOVT. PRIMARY SCHOOL FIRST MAIN ROAD VIJAYANAGAR POST-WHITEFIELD BANGALORE-560066 REPRESENTED BY ITS FOUNDER PRESIDENT MR RAFEEQ AGED ABOUT 35 YEARS
2. THE KARNATAKA JANANDOLANA SANGATANE BANGALORE URBAN DISTRICT REPRESENTED BY ITS DISTRICT PRESIDENT SRI B PARAMESH AGED ABOUT 32 YEARS R/O BELATHUR COLONY BELATHUR MAIN ROAD KADUGODI POST BANGALORE-560 067.
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3. THE KARNATAKA KARMIKA DALITHA JAGRUTHI VEDIKE (R) REPRESENTED BY ITS STATE PRESIDENT SRI A C RAJU AGED ABOUT 35 YEARS R/O SAMETHANAHALLI ANUGONDANAHALLI HOBLI KADUGODI VIA BANGALORE-560 067
4. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO THE GOVERNEMNT DEPARTMENT OF REVENUE (LAND GRANTS), MULTISTORIED BUILDING DR.B.R. AMBEDKAR VEEDI BANGALORE-560001
5. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT BANGALORE-560 009
6. THE SPECIAL DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT BANGALORE-560 009
7. MANAGING DIRECTOR KARNATAKA PUBLIC LANDS BOARD URBAN DEPUTY COMMISSIONER OFFICE BANGALORE-560 009
8. THE SPECIAL DEPUTY COMMISSIONER (ENFORCEMENT CELL) PREVENDION OF UN-AUTHORIZED CONSTRUCTIONS CELL D.C. OFFICE COMPLEX K.G. ROAD, BANGALORE-560 009
9. THE TAHSILDAR BANGALORE EAST TALUK K.R.PURA BANGALORE
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10. THE TALUK SURVEYOR BANGALORE EAST TALUK OFFICE K.R.PURA BANGALORE-560 036
11. DEPUTY TAHSILDAR NADA KATCHERI DEPARTMENT OF REVENUE WHITEFIELD BANGALORE-560 066
12. THE REVENUE INSPECTOR (R.I.) REVENUE CIRCLE DEPARTMENT OF REVENUE WHITEFIELD CIRCLE BANGALORE EAST TALUK BANGALORE-560 066
13. THE VILLAGE ACCOUNTANT (V.A.) DEPARTMENT OF REVENUE WHITEFIELD CIRCLE KRISHNARAJAPURA HOBLI BANGALORE EAST TALUK BANGALORE-560 066
14. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (KIADB) A GOVERNMENT OF KARNATAKA UNDERTAKING OFFICE AT NO.14/3, SECOND FLOOR R.P BUILDING, NRUPATHUNGA ROAD BANGALORE-560 001 REPRESENTED BY SPECIAL LAND ACQUISITION OFFICER
15. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES VIDHANA SOUDHA DR B.R. AMBEDKAR VEEDHI M.S.BUILDING BANGALORE-560 001
16. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY (B.D.A) HEAD OFFICE, PALACE GUTTAHALLY BELLARY ROAD BANGALORE-560 009
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17. THE COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALKIE (BBMP) HEAD OFFICE, HUDSON CIRCLE BANGALORE-560 009
18. M/S. JOY ICE CREAMS (BANGALORE) PRIVATE LIMITED, A COMAPANY INCORPORATED UNDER COMPANIES ACT HAVING ITS OFFICE AT NO.33 FIRST CROSS, AMBEDKAR NAGAR WHITEFIELD, BANGALORE-560 066 REPRESENTED BY ITS MANAGING DIRECTOR
19. M/S. WILDFLOWER ESTATE AND RESORTS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT HAVING ITS OFFICE AT : NO.301, SHAH SULTAN NO.17, CUNNINGHAM ROAD BANGALORE-560 052 REPRESENTED BY ITS MANAGING DIRECTOR ... RESPONDENTS (By Sri P NARAYANAPPA, ADVOCATE FOR R1 MISS NILOUFER AKBAR, AGA FOR R4 TO R6, R8 TO R13 & R15 SRI I. GOPALAKRISHNA, ADVOCATE FOR R4. SRI N. JAGADISH BALIGA, ADVOCATE FOR R17 SRI DHYAN CHINNAPPA, SENIOR ADVOCATE FOR SRI ARUN KUMAR, ADVOCATE FOR R18)
THESE REVIEW PETITIONS ARE FILED UNDER ORDER 47 RULE 1 OF CPC, PRAYING TO REVIEW THE ORDER DATED 27/07/2015 PASSED IN WP Nos.55974-55976/2013 ON THE FILE OF THE HON'BLE HIGH COURT OF KARNATAKA, BANGALORE.
THESE REVIEW PETITIONS COMING ON FOR ORDERS THIS DAY, NAGARATHNA J, MADE THE FOLLOWING:
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ORDER
By order dated July 27, 2015, Writ Petition Nos.55974-
55976 of 2013 were disposed of by us.
2. Being aggrieved by that order, the present review petitions are filed by respondent No.17 in the writ petitions.
3. Learned counsel for the review petitioner has drawn our attention to paragraph No.5 of the order impugned and he contends that the observation that respondent No.17 in the writ petitions has no locus standi to challenge government
order in respect of the land in question as it is coming in the
way of the said party prosecuting the proceeding in a writ
petition pursuant to the order passed by the State
Government on remand made by this Court in WP Nos.22880-
22881 of 2015. He has also drawn our attention to the fact
that it has been observed at paragraph No.5 that respondent
No.17’s vendor has violated the order of allotment. The said
observation may also be modified.
4. Learned Senior Counsel appearing for respondent No.18
herein, which is M/s.Joy Ice Creams, respondent No.15 in the
writ petition, has also drawn our attention to the fact that the
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Hon’ble Single Judge which is pursuant to the order to be passed by the State Government after remand from this Court in the earlier writ petitions. He submits that if M/s. Joy Ice
Creams is permitted to be transposed as a petitioner in the pending proceeding, then it must have a right to establish its case. Therefore, he also submits that the contents of paragraph No.5 may be suitably modified.
5. We have heard other counsel appearing for the parties including learned counsel for the original petitioners and also learned Government Advocate appearing for the State.
6. In view of the submissions made by learned counsel and subsequent developments namely, filing of writ petition by the petitioner herein subsequent to the order passed by the State
Government on remand of the matter being made by this
Court in WP Nos.22880-22881 of 2015 and having regard to the fact that we now permit respondent No.18 to be transposed as petitioner in the pending proceeding, we feel
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that our observations in paragraph No.5 would require a slight
modification. We think that M/s. Joy Ice Creams if transposed
as a petitioner, must have an opportunity to establish its case
before this Court. In the circumstances, the observations
made in paragraph No.5 would not come in the way of M/s.
Joy Ice Creams seeking transposition as a petitioner in the
pending writ petitions before the Hon’ble Single Judge and
also making submissions as a petitioner in the pending
proceeding.
7. The review petitions are disposed of in the aforesaid
terms.
Sd/- ACTING CHIEF JUSTICE
Sd/- JUDGE
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