High CourtsDIVISION BENCH(2017) 01 KAR CK 0235

Narayanaswamy, & Ors. vs The State of Karnataka By its Principal Secretary Department of Urban Development, & Ors.

Karnataka High Court · Decided on 12 January 2017

HON’BLE JUDGES
Subhro Kamal Mukherjee, Budihal R.B.
RESULT
Allowed
CASE NUMBER
117 AND 119 of 2016 (LA-BDA)

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Judgment

6 paragraphs · 189 words
1.

These appeals are filed against the order dated July 2, 2015, passed by the Hon''ble Single Judge in Writ Petition Nos.2374 to 2376 of 2015, dismissing the writ petitions, relying upon certain statements made by the learned advocate for the Bangalore Development Authority, although no affidavit was filed by the said authority.

2.

Mr.C.M.Nagabhushana, learned advocate appearing in support of these appeals, submits that as no affidavit was filed and the Hon''ble Single Judge relied on certain statements made by the learned advocate for the Bangalore Development Authority, he was prejudiced to conduct the litigation before the Hon''ble Single Judge.

3.

By consent, the impugned order is set aside. The writ petitions are restored to their original file and numbers. Liberty is granted to the respondents to file statement of objections by four weeks from today before the Hon''ble Single Judge. The Hon''ble Single Judge is requested to expedite the matter uninfluenced by the earlier order.

4.

We, however, record that we have no occasion to go into the merits of the matter.

5.

The writ appeals are allowed accordingly.

6.

We make no order as to costs.