- 1 - HC-KAR NC: 2025:KHC:30440-DB WA No. 1990 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA WRIT APPEAL NO. 1990 OF 2015 (LA-BDA) BETWEEN: BANGALORE DEVELOPMENT AUTHORITY , REP. BY ITS COMMISSIONER T. CHOWDAIAH ROAD KUMARA PARK WEST BANGALORE -560 020. …APPELLANT (BY SRI.K. KRISHNA, ADVOCATE) AND: 1. SRI. GANGADHARA S/O SRI SIDDALINGAPPA AGED ABOUT 50 YEARS 2. SRI. S MOHAN S/O SRI SIDDALINGAPPA AGED ABOUT 46 YEARS 3. SMT. MUNISIDDAMMA W/O SRI. SIDDALINGAPPA AGED ABOUT 72 YEARS ALL ARE R/O KONANKUNTE VILLAGE, UTTARAHALLI HOBLI BANGALORE SOUTH TALUK AND REP. BY THEIR GPA HOLDER Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30440-DB WA No. 1990 of 2015 SRI. K. L. SWAMY S/O LATE SRI K. LAKSHMANASA AGED ABOUT 68 YEARS NO.9, SESHADRI ROAD BANGALORE 560 009. 4. THE STATE OF KARNATAKA DEPT. OF URBAN DEVELOPMENT REP. BY ITS SECRETARY VIKASA SOUDHA BANGALORE 560 001. …RESPONDENTS (BY SRI.B.V. RAMAMOORTHY, ADVOCATE FOR R1, SRI. SATISH K., ADVOCATE FOR R2 AND R3, SMT. SARITHA KULKARNI, AGA FOR R4) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION 36557-36559/2013 DATED 21/11/2013. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE UMESH M ADIGA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) Learned counsel for the appellant has placed for perusal of the Court a memo dated 25.01.2019 filed by the petitioner-respondent No.1 - Gangadhara, that neither he - 3 - HC-KAR NC: 2025:KHC:30440-DB WA No. 1990 of 2015 nor the other petitioner - respondents had executed any General Power of Attorney in favour of K.L.Swamy, who filed Writ Petition Nos.36557-36559/2013 against BDA in respect of Sy.No.34/3A, measuring 3 acres and Sy.No.34/3 measuring 6 acres of Doddakallasandra Village, Uttarahalli Hobli, Bengaluru South Taluk. It is further stated that two of the petitioners-respondents had died even prior to filing of the writ petition and that the aforesaid Gangadhara had filed PCR against K.L. Swamy for creating GPA and also for forging signatures of Gangadhara, his father, mother and his brother. It is stated that Writ Petition was incurably defective and therefore, this appeal may be allowed. 2. Sri. Satish K, learned counsel for respondent Nos.1 to 3 who is present, has, in all fairness, conceded that given the contents of the memo, he would stand down. 3. Under the circumstances, since the writ petition itself could not have been maintained, the instant appeal deserves to be allowed and is accordingly, allowed. - 4 - HC-KAR NC: 2025:KHC:30440-DB WA No. 1990 of 2015 4. The order of the learned Judge of this Court dated 21.11.2013 passed in Writ petition Nos.36557-36559/2013 is set aside and writ petition stands dismissed. All the pending applications stands disposed off. Sd/- (JAYANT BANERJI) JUDGE Sd/- (UMESH M ADIGA) JUDGE AG List No.: 1 Sl No.: 3