IN THE HIGH COURT OF KARNATAKA AT BANGALORE

I. A. No. 1 of 2003

IN

Writ Petition on No. 40994 / 2002. (GM-PIL).

Between:-

Judicial Layout Residents & Site-Holders

Association by its Directors. .. Petitioners.

And:-

Bangalore Development Authority & Others. . Respondents.

APPLICATION UNDER ORDER 39 RULES 1 AND 2 OF CP.C READ WITH ARTICLE 226 OF THE CONSTITUTION OF INDIA.

The above named petitioners states as follows:-

[1] It is submitted that the above Writ Petition has been presented seeking a direction to the Respondents to take all necessary steps to direct reserve and maintain the open spaces in the Judicial Layout, Bangalore, Bellary Raod, Bangalore- 560 065.

[2] It is submitted that the above Writ Petition was failed as early as on 11-11-2002. The matter was listed for preliminary hearing before court No.1 on 15-11-2002. There _after-wards, in view of the disability expressed by Hon'ble Mr. Justice Sabahit to hear the matter, the matter was not heard for preliminary hearing on the said date and the case came to be adjourned. Since then a number of Memos have been moved before Court Hall No.1, requesting for early posting of the matter for preliminary hearing. The last of such Memos was filed on 17-1-2003. However, the matter has not been listed for preliminary hearing till this day.

[3] One of the open spaces in the Lay-out in question measure 195'X200' was ear-marked for putting up a Temple and the petitioner-Association was promised by the Respondent No.4 that the said site will be made available for the said purpose. On 28-8-2000 as per ANNEXURE-H, the 4th Respondent had even permitted the petitioner Association that the said site may be utilized for celebrating GOWRI/GANESH festival during the said year after holding-out that the site in question is reserved for construction of a temple. Accordingly on 17-11-2002 Bhomi Pooja was also performed under the President ship of president of the 4th Respondent Mr. C.Shivalingaiah to lay the foundation for a Temple. On the said occasion, apart from the president of the 4th Respondent-Association, the Honorary President Mr. C.M.Basavarya, the Vice President M. Rudraiah, the Director P. Srinivas and others were also present. A large number of the Members of the 4th Respondent-Society were also member of the petitioner-Association and residing in the layout participated in the `Bhommi Pooja'. Several sitting and retired Judges of this Hon'ble court and employees of this Hon'ble Court also graced the occasion. In the six light of the said development necessary preparations are being made to secure approval of a plan to build a temple.

[4] However, after noticing the delay in the listing of the matter before this Hon'ble Court the 4th Respondent appears to be taking undue advantage of the same in order to precipitate matters and render the Writ Petition in fructuous at least in respect of some Open Spaces. In this direction notwithstanding the assurances held out as per ANNEXURE-H, and the Bhoomi Pooja performed on 17-11-2002, on Monday the 20th of January 2003, about 25 persons have been employed by the 4th Respondent to form Roads on the land which is the subject matter of ANNEXURE-H. The said persons are working day and night to alter the nature of the land to frustrate the process of this Hon'ble Court in the above Writ Petition. In the circumstances any further delay in the matter would seriously prejudice the cause espoused in the above writ petition. It is therefore just and necessary to maintain status-quo pending disposal of this Writ Petition.

[5] As a matter of fact apprehending trouble on the site in question. A complaint had also been lodged before the police on 25-12-2002 and the Station House Officer and Police Inspector Yelahanka Police Station, Bangalore has also given an endorsement assuring that all necessary steps will be taken to preserve the property and prevent any encroachment on the same. A true copy of the said endorsement is produced herewith and marked as ANNEXURE-N. Notwithstanding the same, the 4th Respondent is making hectic efforts to alter the nature of the land and create rights in favour of third parties solely with the object of frustrating the process of this Hon'ble Court. The petitioner has made out a prima facie case and the balance of convenience is infavour of granting an Interim order as prayed.

[6] It is submitted that if no Interim order is made, irreparable damage will be done to the layout in general and to the residents in particular and the same cannot be compensated in terms of money. It is therefore just and necessary to injunct the 4th Respondent from altering the nature of the land in the interest of justice and/equity. It is obvious that the 4th Respondent has learnt about the Memo filed before this Hon'ble Court on 17-01-2003 and is therefore taking pre-emptive steps to precipitate matters before before the matter is listed for preliminary hearing.

WHEREFORE, the petitioner respectfully prays that this Hon'ble Court be pleased to issue an ad-interim order of temporary injunction restraining the 4th Respondent and any one claiming under it from forming Roads or otherwise altering the nature of the open spaces measuring 195'x 200' and bounded by :-

TO THE EAST: 14th Main Road,

TO THE WEST: Site No.969:

TO THE NORTH: 16th Cross: and

TO THE SOUTH: 15th Cross,

In Karnataka Judicial Employees House Building Layout, Bangalore 560 065, pending disposal of the writ petition, in the interest of justice and equity.

Bangalore:

Date: 21-01-2003.

Signed..

Advocate for Petitioner.

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Affidavit for I.A.No.1 of 2003 in W.P. No. 40994 of 2002. [ Appearing above ]

IN THE HIGH COURT OF KARNATAKA AT BANGALORE:

Writ Petition No. 40994 of 2002.

Between:

Judicial Layout Residents & Site-Holders

Association by its Directors. Petitioners.

And:

Bangalore Development Authority & Others. .. Respondents.

AFFIDAVIT VERIFYING THE APPLICATION

I, S.D. Venkatramiah S/o late Dodda Thimmaiah, abed about 64 years, residing at No. 1803, 8th Maid Raod, Judicial Layout, Bangalore-560 065, do hereby state on oath and solemnly affirm as under:-

[1] I am one of the writ petitioner and also founder President of the Association. I know the facts and circumstances of the case. I am also authorized to swear this affidavit on behalf of the other petitioners in the writ petition. Hence I am searing to this Affidavit.

[2] I state that the averments made in the accompanying application for stay are true to the best of my knowledge, belief and information.

What is stated above is true.

DEPONDENT.

Signed

Bangalore:

Date: 21-01-2003.

Identified by me:

Signed

Advocate.

No. of Corrections : Nil.