R HANUMAIAH Vs. BANGLORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This appeal, by special leave, is from the order of a Division Bench of the High Court of Karnataka at Bangalore dismissing Writ Appeal No. 727 of 1989 in limine on 19-4-1989.

(2.) The appellant filed Writ Petition No. 15487 of 1987 seeking direction to Bangalore Development Authority, the respondents herein, to reconvey to him an extent of 6 acres 21 guntas 42 sq yards situated in Surveys Nos. 26/1, 30, 32/4, 32/5, 32/6, 32/7, 32/8, 32/9, 32/10, 32/11, 32/12, 32/17 and 33/11 of jakkasandra village, Kormangala Bangalore South taluk pursuant to resolutions of the City Improvement Trust Board, Bangalore dated 26-6-1969 and 19-4-1972. The learned Single Judge referred to two judgments of learned Single Judges of the same High Court in B. N. Sathyanamyana Rao v. State of Karnataka and B. Venkataswamy Reddy v. State of Karnataka and without going into the merit of the claim of the appellant, dismissed the writ petition on 3-4-1989. On appeal, the Division Bench passed the following order on 19-4-1989:

(3.) Mr Shanti Bhushan, the learned Senior Counsel for the appellant contends, inter alia, that in view of the judgment of the Division Bench of the same High Court in Muniyappa v. Bangalore Development Authority the two judgments followed by the learned Single Judge will not be good law and that as many questions of law arise in the case, dismissal of the writ appeal by the Division Bench in limine, was unjustified and is liable to be set aside.