LAWS(KAR)-2013-12-61

MICO EMPLOYEES HOUSE BUILDING CO OPERATIVE SOCIETY LIMITED Vs. BANGALORE DEVELOPMENT AUTHORITY, BANGALORE

Decided On December 09, 2013
Mico Employees House Building Co Operative Society Limited Appellant
V/S
BANGALORE DEVELOPMENT AUTHORITY, BANGALORE Respondents

JUDGEMENT

(1.) The petitioner, a House Building Co-operative Society, registered under the provisions of Karnataka Cooperative Societies Act, 1959, having formed layout of residential sites in the area popularly known as 'BTM Layout', filed this writ petition, on 30.10.2012, to hold the allotment of C.A. Site No. 10, situated in MICO II Stage Layout, by the Bangalore Development Authority, in favour of Public Library Department, Government of Karnataka and Indian Water Works Association, i.e., respondent Nos. 2 & 3 respectively and for directing the BDA to take possession by demolishing the Convention Hall built by the 3rd respondent and for granting of consequential reliefs. Material facts of the case are that;

(2.) On 03.12.2013, Sri Kesthur N. Chendra Shekher, learned advocate for the petitioner, presented a memo, signed by the President of the petitioner Society, giving up the challenge in this petition to the portion of C.A. Site No. 10 made in favour of the 2nd respondent and restricting the challenge to the allotment made in favour of the 3rd respondent. Memo was read and recorded.

(3.) Sri. Kesthur N. Chendra Shekher vehemently contended that;