NAGARAJA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitions were heard at length. The spot inspection was also carried out by a Court Commissioner and the arguments were in full flow. However, it is found that the petitions could be disposed of, without prejudice to the case of the petitioners.

(2.) IT is evident that the petitioners had approached this Court earlier in W.P. No. 39073-75/2012 which was disposed of by a summary order dated 27.09.2012, which reads as follows:

(3.) HOWEVER , in view of this controversy and the dispute raised by Respondent No. 5, the BDA which has allotted sites to these petitioners as recognized and the petitioners having paid valuable consideration and sale deeds also having been executed in their favour, the BDA in furtherance of its responsibility has allotted an alternative site to Petitioner No. 3 even during the pendency of these petitions and therefore, the petition insofar as Petitioner No. 3 is concerned has been withdrawn. The BDA is also not averse to allotting alternative sites to Petitioners 1 and 2. This is categorically stated in the statement of objections as follows: