Karnataka High Court
M/S Golden Gate Properties Ltd vs The State Of Karnataka on 24 May, 2022
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF MAY, 2022
BEFORE
THE HON'BLE MR.JUSTICE R. NATARAJ
WRIT PETITION NO.26610/2013 (LB-RES)
BETWEEN:
M/S. GOLDEN GATE PROPERTIES LTD.
BY ITS EXECUTIVE DIRECTOR,
SRI C.D. SANJAY RAJ,
NO.820, 80 FEET ROAD,
8TH BLOCK, KORAMANGALA,
BENGALURU - 560 095.
...PETITIONER
(BY SRI. SHIVAPRABHU S. HIREMATH, ADV.)
AND:
1. THE STATE OF KARNATAKA
BY ITS CHIEF SECRETARY,
URBAN DEVELOPMENT DEPARTMENT,
VIKASA SOUDHA,
BENGALURU - 560 001.
2. BANGALORE METROPOLITAN REGION
DEVELOPMENT AUTHORITY
BY ITS COMMISSIONER,
NO.1 ALI ASKER ROAD,
BENGALURU - 560 052.
2
3. ANEKAL PLANNING AUTHORITY
BY ITS MEMBER SECRETARY
"ANNA" NO.430,
HENNAGARA GATE,
HOSUR MAIN ROAD,
BANGALORE-560 099.
...RESPONDENTS
(BY SRI. V.S.KALASURMATH, HCGP FOR R1;
SRI YOGESH D.NAIK, ADV. FO R2 & R3)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT
OF MANDAMUS TO RESPONDENT NO.1 TO APPROVE THE
DRAFT RULES FRAMED BY RESPONDENT NO.2 IN RESPECT
OF ALLOTMENT OF CIVIC AMENITY SITES (AS INTIMATED
BY RESPONDENT NO.3 TO PETITIONER VIDE
ENDORSEMENT/LETTER DATED 12.10.2010 ANNX-F AND
ENDORSEMENT/LETTER DATED 03.06.2013 ANNX-H),
WITHIN A REASONABLE FIXED TIMEFRAME.
THIS WP COMING ON FOR HEARING THIS DAY, THE
COURT MADE THE FOLLOWING:-
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ORDER
This writ petition is filed seeking a writ in the nature of Mandamus to first respondent to approve the draft Rules framed by second respondent in respect of allotment of Civic Amenity Sites which was intimated by respondent No.3 to petitioner vide endorsement/letter dated 12.10.2010 vide Annexure - F and endorsement/letter dated 03.06.2013 vide Annexure - H, within a reasonable time.
2. Learned counsel appearing for respondent Nos.2 and 3 submits that the draft Rules that were framed by respondent No.2 is approved by respondent No.1 and that a Notification dated 24.05.2017 was published in the Official Gazette on 01.06.2017. Learned counsel therefore submits that the writ petition has become infructuous and direction need not be issued.
3. As rightly contended by learned counsel for respondent Nos.2 and 3, the Karnataka Planning Authorities (Allotment of Civic Amenity Sites) Rules, 2016 4 has been notified and therefore this writ petition has become infructuous and hence the same is dismissed as having become infructuous.
Learned High Court Government Pleader is permitted to file his memo of appearance for respondent No.1, within a period of two weeks from today.
Sd/-
JUDGE sac*