Bruhath Bangalore Mahanagara Palike vs Shobha Developers Ltd., on 13 July, 2020

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Karnataka High Court

Bruhath Bangalore Mahanagara Palike vs Shobha Developers Ltd., on 13 July, 2020

Bench: Alok Aradhe

                            1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 13TH DAY OF JULY 2020

                        PRESENT

         THE HON'BLE MR. JUSTICE ALOK ARADHE

                          AND

         THE HON'BLE MR.JUSTICE E.S. INDIRESH

             W.A.NO.3803 OF 2016 (LB-BMP)


BETWEEN:

1.     BRUHATH BANGALORE MAHANAGARA PALIKE
       REP. BY ITS COMMISSIONER
       HUDSON CIRCLE, N.R. ROAD
       BANGALORE-560001.

2.     ASSISTANT EXECUTIVE ENGINEER
       BRUHAT BANGALORE MAHANAGARA PALIKE
       PEENYA INDUSTRIAL CENTRE
       SUB-DIVISION,
       H.M.T. LAYOUT
       BANGALORE-560073.

       THE APPELLANTS ARE REPRESENTED
       BY K.D. DESHPANDE (HLC) BBMP.
                                     ... APPELLANTS

(BY SRI. PRASHANTH CHANDRA S.N. ADV.)


AND:

1.     SHOBHA DEVELOPERS LTD
       A COMPANY INCORPORATED UNDER
                           2



     THE COMPANIES ACT, 1956
     HAVING ITS REGISTERED OFFICE AT
     E-106, SUNRISE CHAMBERS
     22, ULSOOR ROAD,
     BANGALORE-560042
     REP. BY ITS AUTHORISED SIGNATORY
     MR. VIJAYKUMAR G. BAGOJI.

2.   BANGALORE DEVELOPMENT AUTHORITY
     T. CHOWDAIAH ROAD
     KUMARA PARK WEST
     BANGALORE-560002
     REP. BY ITS COMMISSIONER-3.
                                 ... RESPONDENTS

(BY SRI. K.G. RAGHAVAN, SR. COUNSEL FOR
    SRI. SANJAY NAIR, ADV., FOR R1
    SRI. M.B. PRABHAKAR, ADV., FOR R2)
                          ---


     THIS W.A. IS FILED UNDER SECTION 4 OF THE

KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET

ASIDE   THE   ORDER   PASSED   IN   THE   WRIT   PETITION

44277/2011 DATED 10.02.2012.



     THIS W.A. COMING ON FOR PRELIMINARY HEARING,

THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
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                      JUDGMENT

Mr.Prashanth Chandra S.N., learned counsel for the appellants has appeared through video conference.

Mr.K.G.Raghavan, learned Senior counsel for Mr.Sanjay Nair, learned counsel for the respondent No.1 has appeared through video conference.

Mr.M.B.Prabhakar, learned counsel for the respondent No.2 has appeared through video conference.

2. Heard on I.A.No.1/2016, an application for condonation of delay of 1658 days in filing the appeal. This intra court appeal has been filed against the order dated 10.02.2012 passed by the learned Single Judge by which the writ petition preferred by the respondent has been allowed and the appellants herein were directed to give permission to the petitioner for road cutting to lay underground cable in accordance with law expeditiously. It is not in dispute that in pursuance of the aforesaid 4 direction issued by the learned Single Judge, the respondent submitted an application on 03.03.2012 to the appellants herein for grant of permission. Pursuant to application submitted by the respondent, the appellants herein, by an order dated 08.03.2012 have already granting permission and has complied with the direction issued by the learned Single Judge. After complying with the order passed by the learned Single Judge, this appeal has been filed belatedly after a delay of 1658 days on 24.09.2016.

3. After hearing the learned counsel for the parties and in our considered opinion, since before filing of the appeal itself, the direction issued by the learned Single Judge was complied. Therefore, the issue involved in this appeal has been rendered academic and therefore, it is not necessary to examine the issue involved in the appeal.

In the result, we do not find any merit in the appeal. The same fails and is hereby dismissed.

Consequently, the pending interlocutory application is also dismissed.

Sd/-

JUDGE Sd/-

JUDGE RV

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