BANGALORE METROPOLITAN TRANSPORT CORPORATION, K.H. ROAD, SHANTHINAGAR, BANGALORE-560027 ITS MANAGING DIRECTOR, NOW REPRESENTED BY ITS CHIEF LAW OFFICER Vs. THE KARNATAKA VIDYASHALA NURSERY PRINIARY AND HIGH SCHOOL, BY ITS SECRETARY CHANDRAKANTHA

JUDGEMENT

(1.) THE 1st respondent which is a registered society and which is running a school applied to the Bangalore Development Authority (hereinafter referred as "BDA" for short) for allotment of a site for construction of a school building in pursuance of which BDA allotted a civil amenity site behind the existing ward office measuring 140' x 150'; Government also accorded approval for such allotment on lease for a period of 30 years vide. its letter dated 13.5.1982. However, the 1St respondent was put in possession of the site measuring 120' x 138' as against the allotted measurement of 140' x 150' with an assurance that the 1St respondent will be put in possession of the remaining area as soon as it was practicable. A3 the matter stood thus, BDA allotted to the appellant herein the :remaining portion. On 21.11.1996 BDA also executed an agreement of lease in favour of the appellant herein. The respondent preferred Writ Petition No. 7091/97 against such non -delivery of possession of a portion of the property allotted and in the said Writ Petition No. 7091/97 filed by the 1St respondent, no interim order was passed and subsequently dismissed as having be, coine infructuous by reserving liberty to the 1st respondent to agitate its rights in a different proceedings. In the circumstance, the 1st respondent filed W.P. 3518/2002 seeking a writ of mandamus directing the 3rd respondent herein to issue possession certificate for the remaining portion. Learned Single Judge on going through the records deemed it fit to allow the said petition and thereby the impugned order of allotment in favour of the appellant herein was quashed with a further directed to consider the request of the petitioner for giving effect to the remaining extent of land in the allotment made in pursuance of the resolution no. 334 dated 30.5.1981 as per Annexure B. Aggrieved by the said order, the appellant who was arrayed as 4th respondent in the said proceedings has preferred the above appeal.

(2.) ADMITTEDLY , the 1st respondent herein had preferred W.P. 7091M seeking delivery of possession of remaining extent of land which was not handed over and for other reliefs and the same was dismissed. In the present writ proceedings, the 1st respondent has sought for similar reliefs in different version, inasmuch as, instead of seeking delivery of possession, it has sought issue of possession certificate for the remaining area. In the circumstance, the contention of the learned counsel for the appellant that the present proceeding is hit by the 'principle of resjudicata' cannot be easily ignored. Nevertheless, it is further seen that the allotment in favour of the 1st respondent is dated 13.5.1982 and the term of lease is only for a period of 30 years as could be seen from Annexuret "C" filed along with the writ petition and the said term of lease is almost completed. In the circumstance, no purpose will be served by considering the prayer of the 1st respondent to deliver possession of the remaining portion of the property at this point of time besides, it is also seen that the appellant herein has already put up a full pledged bus terminus which is functioning since 1997 catering to the needs of the public, at large. As rightly observed in the earlier writ proceedings, the prayer sought in the present writ petition has also become infructuous. In the foregoing circumstances, the impugned order ordering for quashing of the allotment made in favour of the appellant herein vide Annexure '13' at item no. 12 is liable to be set -aside. However, the direction with regard to considering the request of the 1st respondent for additional accommodation may be considered afresh as permissible under law. With these observations, the above appeal is allowed.