BANGALORE DEVELOPMENT AUTHORITY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This intra court appeal has been filed against the order dtd. 8/8/2021 passed in W.P.No.46592/2019.

(2.) Learned counsel for the appellant submitted that the learned Single Judge erred in reserving liberty to the respondents to approach this court for the same cause of action incase, their application filed under Sec. 38D of the Bangalore Development Authority Act, 1976 (hereinafter referred to as 'the Act' for short) is rejected.

(3.) We have heard learned counsel for the respondents at length. A litigant cannot be permitted to file a writ petition on the same cause of action. Therefore, the learned Single Judge erred in reserving liberty to the respondents to approach this court on the same cause of action in case, their application under Sec. 38D of the Act was rejected. The direction reserving the liberty to the respondents is therefore set aside. The order is modified to the extent mentioned above. Needless to state that it will be open for the respondents to seek review or to file an appeal against the order dtd. 8/8/2021 passed by learned Single Judge, if so advised.