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Karnataka HC disposes of PIL to set aside appointment of BDA Commissioner

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The Karnataka High Court disposed of a Public Interest Litigation (PIL) filed to set aside the order of appointment of the Commissioner of Bangalore Development Authority (BDA).

The PIL filed by an advocate questioned the validity of the appointment inter alia on the ground that respondent no. 3 is not a super time scale officer.

Additional Government Advocate S.S. Mahendra and the counsel for respondent no. 3 stated before the Court that by order dated 26.08.2022, respondent no. 3 has been transferred and he no longer holds the post of Commissioner, BDA.

It is, therefore, urged that the issue involved in the petition has been rendered academic. In support of the aforesaid submission, reliance has been placed on the judgment of the Supreme Court in the case of BHOLANATH MUKHERJEE & OTHERS VS RAMAKRISHNA MISSION VIVEKANANDA CENTENARY COLLEGE & OTHERS.

On the other hand, the counsel for the petitioner submitted that the petition be disposed of with a direction to the State Government to appoint a Super Time Scale Officer only as the Commissioner of Bangalore Development Authority in future.

The Division Bench of Acting Chief Justice Alok Aradhe and Justice S. Vishwajith Shetty, while considering the submission, noted that the transfer of respondent no.3 means he no longer holds the post of Commissioner, Bangalore Development Authority.

“The issue involved in this petition is, therefore, rendered academic and it is not necessary for this Court to examine the same. Since respondent no.3 is no longer the Commissioner of Bangalore Development Authority, it would be an exercise in futility to examine the merits of the controversy,” the Bench observed.

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