IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR W.P.NOS.22881/2019 & 28504/2019 & 29118-29134/2019 (LB BMP) BETWEEN 1. SMT B JAYANTHI W/O. SRI M C MOHAN, AGED ABOUT 45 YEARS, R/AT NO. 892, 3RD CROSS, MC LAYOUT, VIJAYANAGAR, BENGALURU 560040.
2. SRI P. MURALI S/O. SRI G V PANISHAIAH, AGED ABOUT 44 YEARS, R/AT NO.2632, 11TH MAIN, 2ND STAGE, ‘E’-BLOCK, RAJAJINAGAR, BENGALURU – 560010.
(BY SRI B.ROOPESHA, ADV.) AND 1. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, NR SQUARE, BENGALURU 560002.
2. THE JOINT COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, NORTH SUB-DIVISION, BENGLAURU-560002.
... PETITIONERS 3. THE ASSISTANT REVENUE OFFICER, BRUHAT BENGALURU MAHANAGARA PALIKE, HBR LAYOUT SUB-DIVISION, BENGALURU-560045.
4. THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE, HBR LAYOUT SUB-DIVISION, BENGLAURU.
5. THE VYALIKAVAL HOUSING BUILDING COOPERATIVE SOCIETY LTD, NO.100, SAHAKARAKUNJA, 6TH MAIN, 11TH CROSS, MALLESWARAM, BENGALURU, REPRESENTED BY ITS SECRETARY.
6. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, M.S.BUILDING, DR. B.R.AMBEDKAR VEEDI, BENGALURU-560001.
... RESPONDENTS (R5 AND R6 HAS BEEN IMPLEADED AS PER COURT ORDER DATED.15.07.2019.) (BY SMT. M.C.NAGASHREE, ADV. FOR R1-R4. SRI K SUMAN, ADV. FOR R5, SRI D.R.ANANDEESWAR, HCGP FOR R6.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DTD:10.5.2019 MADE BY THE PETITIONERS VIDE ANNEXURE-N TO THE W.P. AS EXPEDITIOUSLY AS POSSIBLE ETC.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. Memo is preferred by the petitioner to withdraw the writ petition on account of her vendor having instituted a suit for declaration and the petitioner would make a strange prayer for liberty to prosecute the said suit.
2. If in law, the petitioner is entitled to prosecute the suit, no liberty need be granted by this Court. The writ petition is preferred seeking mandamus to the Commissioner, BBMP, to cancel the building plan and license issued in respect of several sites said to have been formed out of Sy. No.34/1 and to prevent any construction being put up in Site Nos.411 & 416.
3. The impleading applicants who are the owners of Site Nos.411 & 416 contend that the matter has reached finality with the acquisition proceedings having attained finality at the hands of the Apex Court. That the Apex Court in Civil Appeal No.1931/2012 and other connected civil appeals, the Apex Court was pleased to direct respondent No.1 i.e., Housing Society to return such of those lands which still remain in its possession, to the concerned land owners and was further directed to file compliance report. Accordingly, the Housing Society has filed the compliance report which came to be accepted by the Apex Court by its order dated 24.04.2014.
4. With the above observations, the petition stands dismissed as withdrawn.
No costs.
KK CT-HR Sd/- JUDGE