KRISHNAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The only grievance of the petitioner is that in the connected batch of cases in writ Appeal Nos. 4928-80/98, decided on 24/03/1999, the division bench has directed consideration of the objections of the owners by the Bangalore Development authority and that so far as the case of the petitioner was concerned, the Writ petition has been dismissed by the learned Single Judge on 01. 08.98 and that the same was affirmed by the Division bench on 2/8/1999. The petitioner's case also is that on an earlier occasion, the petitioner's writ petition had been allowed and the matter was remitted to the bangalore Development Authority for consideration of petitioner's objections. The petitioner could not now be deprived of an opportunity to have the objections considered, as directed in the connected cases.

(2.) The order of the division bench dated 2.8.99 impugned in this Special Leave Petition reads as follows: "the question raised in this appeal are identical to those considered by this court in Was. 4928-4980/1998 disposed of on 24.3.99". For the reasons stated therein, this appeal shall also stand disposed of in the same terms".

(3.) It is, therefore, clear that, whatever directions were given in the connected batch of cases on 23.4.99, the same directions are issued by the Division bench in the present case also. That will mean, necessarily that the petitioner's objections will also have to be considered by the Bangalore Development authority in the same manner as they have been directed to be considered in the connected batch of cases. In view of this clarification, the grievance of the petitioner does not survive.