Case Note & Summary
The Bangalore Development Authority (BDA) and its Special Land Acquisition Officer filed an intra-court appeal under Section 4 of the Karnataka High Court Act against an order dated 23.04.2016 passed by a learned Single Judge in W.P.No.2835-2837/2016. The Single Judge had set aside the acquisition process relying on an earlier order in W.P.No.32186/2010 (Sri R.Shankaran vs. State of Karnataka) disposed on 11.07.2014. However, a coordinate Bench of the High Court in W.A.No.1783/2014 and connected appeals had stayed that very order. Consequently, the learned Single Judge's order could not have granted any relief to the writ petitioner. The Division Bench, comprising Justice Krishna S Dixit and Justice Ramachandra D. Huddar, held that the appeal had become infructuous and dismissed it, noting that no relief could be granted to the appellant. The court did not delve into the merits of the acquisition process.
Headnote
A) Civil Procedure - Mootness - Intra-court appeal - Land acquisition - BDA Act - The appeal filed by BDA against the order of learned Single Judge setting aside the acquisition process was dismissed as infructuous because a coordinate Bench had already stayed the same order in W.A.No.1783/2014 and connected appeals, and therefore no relief could be granted to the writ petitioner. (Paras 1-3)
Issue of Consideration
Whether the writ appeal against the order setting aside the acquisition process is maintainable when a coordinate bench had already stayed the same order and the appeal had become infructuous.
Final Decision
The writ appeal is dismissed as having become infructuous. No order as to costs.
Law Points
- Mootness
- Intra-court appeal
- Land acquisition
- BDA Act
- Stay by coordinate bench
- No relief possible
Case Details
WA No. 1918 of 2016 (LA-BDA)
Justice Krishna S Dixit, Justice Ramachandra D. Huddar
Sri. K Krishna for appellants; Sri. S R Shivaprakash for R1; Smt. A D Sangeetha for Sri. Spoorthi Hegde, HCGP for R2
Bangalore Development Authority and The Special Land Acquisition Officer
Smt. Bhagyalakshmi and The State of Karnataka
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Nature of Litigation
Intra-court appeal against order of learned Single Judge setting aside acquisition process under BDA Act.
Remedy Sought
Appellants (BDA and SLAO) sought to set aside the order dated 23.04.2016 in W.P.No.2835-2837/2016.
Filing Reason
The learned Single Judge had set aside the acquisition process relying on an earlier order in W.P.No.32186/2010, which was stayed by a coordinate Bench in W.A.No.1783/2014.
Previous Decisions
Learned Single Judge order dated 23.04.2016 in W.P.No.2835-2837/2016 setting aside acquisition; earlier order in W.P.No.32186/2010 dated 11.07.2014; stay granted by coordinate Bench in W.A.No.1783/2014.
Issues
Whether the appeal is maintainable when the order under challenge had been stayed by a coordinate Bench and no relief could be granted.
Submissions/Arguments
Appellants argued that the learned Single Judge erred in setting aside the acquisition process.
Respondent argued that the appeal had become infructuous due to the stay granted by the coordinate Bench.
Ratio Decidendi
An intra-court appeal against an order that has been stayed by a coordinate Bench becomes infructuous as no relief can be granted to the appellant.
Judgment Excerpts
This intra court appeal by the BDA & its SLAO seeks to call in question a learned Single Judge’s order dated 23.04.2016 whereby the acquisition process came to be set at naught in the light of the order made by another learned Single Judge in W.P.No.32186/2010 (LA-BDA) & connected cases between Sri R.Shankaran vs. State of Karnataka & others, disposed off on 11.07.2014.
However, a Coordinate Bench of this Court in W.A.No.1783/2014 & connected appeals had stayed the above order and therefore, no relief could have been granted to the writ petitioner.
In the above circumstances, this appeal having become infructuous is dismissed.
Procedural History
The writ petition (W.P.No.2835-2837/2016) was allowed by learned Single Judge on 23.04.2016, setting aside the acquisition process. The BDA and SLAO filed this intra-court appeal on 18.06.2024. Meanwhile, a coordinate Bench had already stayed the order in W.P.No.32186/2010 in W.A.No.1783/2014, which was the basis for the Single Judge's order.
Acts & Sections
- Karnataka High Court Act: Section 4
