- 1 - HC-KAR NC: 2025:KHC:23281-DB WA No. 938 of 2022 C/W WA No. 756 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 938/2022 (BDA) C/W WRIT APPEAL NO. 756/2022 (BDA) IN WA NO. 938/2022 BETWEEN: THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD KUMARA PARK WEST BANGALORE-560020. …APPELLANT (BY SRI. MURUGESH V CHARATI, ADV.) AND: 1. INNISFREE HOUSE SCHOOL 9TH CROSS, 23RD MAIN J P NAGAR II PHASE BANGALORE REP. BY ITS FOUNDER PRINCIPAL MRS. S BOLAR W/O LATE ASHOK BOLAR AGED ABOUT 77 YEARS. 2. AA. NA. KRU. PRATHISHTANA NO.36/2, 1ST FLOOR PATALAMMAGUDI STREET NEAR SOUTH END CIRCLE BASAVANAGUDI BANGALORE-56004. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23281-DB WA No. 938 of 2022 C/W WA No. 756 of 2022 3. AKSHARA CULTURAL AND EDUCATIONAL SOCIETY ASHIRWAD, NO.44, 1ST ‘D’ CROSS, REMO LAYOUT VIJAYANAGAR 2ND STAGE BANGALORE-560040 REPRESENTED BY PRESIDENT. 4. THE GOVERNMENT OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA BANGALORE- 560001. …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA FOR R4) THIS APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 24.05.2022 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.7124/2014 AND ALLOW THE WRIT APPEAL BY DISMISSING THE WRIT PETITION. IN WA NO. 756/2022 BETWEEN: AA. NA. KRU. PRATHISHTANA NO.36/2, 1ST FLOOR PATALAMMAGUDI STREET NEAR SOUTH END CIRCLE BASAVANAGUDI BANGALORE-56004. REP. BY ITS SECRETARY. ...APPELLANT (BY SRI. VINAY N., ADV. FOR SRI MANMOHAN P. N., ADV.) AND: 1. INNISFREE HOUSE SCHOOL 9TH CROSS, 23RD MAIN J P NAGAR II PHASE BANGALORE-560078 REP. BY ITS FOUNDER - 3 - HC-KAR NC: 2025:KHC:23281-DB WA No. 938 of 2022 C/W WA No. 756 of 2022 PRINCIPAL MRS. S BOLAR W/O LATE ASHOK BOLAR AGED ABOUT 69 YEARS. 2. THE BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, BANGALORE-560 020, REP. BY ITS COMMISSIONER. 3. AKSHARA CULTURAL AND EDUCATIONAL SOCIETY ASHIRWAD, NO.44, 1ST ‘D’ CROSS, REMO LAYOUT VIJAYANAGAR 2ND STAGE BANGALORE-560040 REPRESENTED BY PRESIDENT. 4. THE GOVERNMENT OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA BANGALORE- 560001 REP. BY ITS PRINCIPAL SECRETARY. ...RESPONDENTS (BY SRI. ROSA PARAMEL, ADV. FOR C/R1 SRI MURUGESH V CHAVATI, ADV. FOR R2 SMT. SARITHA KULKARNI, AGA FOR R4) THIS APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO I) ALLOW THIS APPEAL AND SET ASIDE THE ORDER DATED 24/05/2022 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO. 7124/2014 AND CONSEQUENTLY DISMISS WRIT PETITION NO. 7124/2014 AND II) PASS SUCH OTHER AND FURTHER ORDERS. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE T.M.NADAF - 4 - HC-KAR NC: 2025:KHC:23281-DB WA No. 938 of 2022 C/W WA No. 756 of 2022 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE S.G.PANDIT) Heard learned counsel Sri.Murugesh V. Charati for appellant in W.A.No.938/2022, learned counsel Sri.Vinay.N., for learned counsel Sri.P.N.Manmohan for appellant in W.A.No.756/2022, learned counsel Sri.Rosa Paramel for Caveator/respondent No.1 in W.A.No.756/2022 and learned Additional Government Advocate Smt.Saritha Kulkarni for respondent No.4 in both the appeals. 2. Learned counsel for the appellant Sri.Murugesh V. Charati in W.A.No.938/2022 has filed memo for withdrawal dated 03.06.2025 which reads as under: “The appellant submits as hereunder: It is submitted that after filing of the present Writ Appeal, the Board of the Bangalore Development Authority vide its Board meeting held on 20.05.2025 vide subject No.73/2025 has decided to withdraw the present appeal filed by the BDA and to allot the Civic Amenity site in favour of Innisfree House School and to allot alternate site in - 5 - HC-KAR NC: 2025:KHC:23281-DB WA No. 938 of 2022 C/W WA No. 756 of 2022 favour of Akshara Cultural Educational Society and Aa Na Kru Prathistana. In view of the decision of the Board, the Commissioner, BDA has decided to withdraw the present appeal filed by the BDA. The copy of the Board resolution, the note sheet evidencing the approval of the Commissioner, BDA, the letter dated 30.05.2025 addressed by the Estate Officer and the letter dated 02.06.2025 addressed by the Law Section are produced along with the present memo. The same may be taken on record and the present appeal may be disposed of as withdrawn in the interest of justice and equity.” 3. Along with the above memo, appellant has also filed resolution dated 20.05.2025 of the Authority wherein decision is taken by the BDA to allot Civil Amenity Site in favour of Innisfree House School and to allot alternate site in favour of Akshara Cultural Educational Society and Aa Na Kru Prathistana. 4. In view of its decision, it is stated that the BDA has resolved to withdraw the above appeal. - 6 - HC-KAR NC: 2025:KHC:23281-DB WA No. 938 of 2022 C/W WA No. 756 of 2022 5. Learned counsel Sri.Vinay.N., for learned counsel Sri.P.N.Manmohan, on instruction submits that the appellant in W.A.No.756/2022 i.e., Aa Na Kru Prathistana has no objections for the decision taken by BDA and it would accept the alternate site to be allotted by the respondent-BDA. But, learned counsel would pray that a time frame may be fixed for allotting alternate site by BDA. 6. In view of the memo and taking note of the submissions made by learned counsel for the parties, memo dated 03.06.2025 filed by appellant-BDA is accepted and W.A.No.938/2022 is dismissed as withdrawn. 7. In view of the decision of BDA to allot alternate site in favour of appellant - Aa Na Kru Prathistana in W.A.No.938/2022, we direct the respondent-BDA to honor the said resolution and allot alternate site to the Aa Na Kru Prathistana – appellant in W.A.No.756/2022 within three - 7 - HC-KAR NC: 2025:KHC:23281-DB WA No. 938 of 2022 C/W WA No. 756 of 2022 months from today. Thereafter, the appellant shall deposit the amount demanded by respondent-BDA forthwith and on deposit of the amount by appellant, the respondent-BDA shall take steps to complete the execution of lease-cum-sale agreement within two months thereafter. 8. With the above, W.A.No.756/2022 also stands disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE NC CT:bms List No.: 1 Sl No.: 8