KAVERI PROPERTIES PVT. LTD. Vs. BANASHANKARI TEMPLE

JUDGEMENT

(1.) Mr.Aditya Sondhi, learned Senior counsel for Mr.Anand Muttalli, learned counsel for the petitioner.

(2.) The writ petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.

(3.) In this petition under Articles 226 & 227 of the Constitution of India, the petitioner inter alia seeks a direction to respondent No.3 to issue a confirmation that the schedule property was carved out of Sy.No.75/2, which was acquired by City Development Trust Board (hereinafter referred to as 'the Board' for short) in the year 1948 vide notification dated 01.09.1948. The petitioner also seeks a writ of prohibition against respondent No.1 not to interfere with the petitioners peaceful possession and enjoyment over the schedule property and a writ of mandamus to remove the Board which is illegally put up on the schedule property on 31.12.2016. In order to appreciate the petitioners grievance, few facts need mention, which are stated infra: