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

This appeal is filed against the order dated July 2, 2015, passed by the Hon''ble Single Judge in Writ Petition No.2373 of 2015, dismissing the writ petition, relying upon certain statements made by the learned advocate for the Bangalore Development Authority, although no affidavit was filed by the said authority.

Mr.C.M.Nagabhushana, learned advocate appearing in support of this appeal, 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.

By consent, the impugned order is set aside. The writ petition is restored to its original file and number. 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.

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

The writ appeal is allowed accordingly.

In view of disposal of this appeal, the pending interlocutory application does not survive for consideration and is, also, disposed of.

We make no order as to costs.