LAWS(KAR)-2023-1-1178

ELIZABETH SIMON GEORGE Vs. STATE OF KARNATAKA

Decided On January 17, 2023
Elizabeth Simon George Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) Learned counsel for the Petitioners submits that the subject matter of this Writ Petition is substantially similar to the one in W.P.No.51929/2014 and connected matters between SRI. K.P.ANJANAPPA vs THE STATE OF KARNATAKA and OTHERS, disposed off by a Co-ordinate Bench of this Court on 27/9/2021, wherein some relief has been granted to the litigant therein and therefore, the same be extended to his clients as well.

(2.) In support of his contention, learned counsel cites a Division Bench Judgment of this Court in W.A.Nos.932-933/1974 between A.V.VINODA and ANOTHER vs. STATE OF KARNATAKA BY ITS COMMISSIONER and SECRETARY, disposed off on 11/12/1974. There is no much controversion as to the relief having been granted to the litigant in the cognate Writ Petition supra. If that be so, the same cannot be denied to the Petitioners who are similarly circumstanced in this matter. Whether relief needs to be granted or not, is for the Justice K.N.Keshavanarayana Committee constituted pursuant to an order of learned Single Judge of this Court in the above Writ Petition itself.

(3.) In view of the above, Writ Petition is disposed off. The Respondent - BDA is directed to co-ordinate in the matter before the above Committee for considering Petitioners' claim for deletion of the lands/sites from the acquisition process or for allotment of some other site by way of alternate relief, in that regard, all contentions are kept open.