IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2019 PRESENT THE HON’BLE MR.JUSTICE L. NARAYANA SWAMY AND THE HON’BLE MR.JUSTICE R. DEVDAS WRIT APPEAL Nos.143-144 OF 2016 (LA-BDA) BETWEEN:
1. BANGALORE DEVELOPMENT AUTHORITY BY ITS COMMISSIONER KUMARA PARK WEST T. CHOWDAIAH ROAD BANGALORE 560 020 2. SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY BANGALORE – 560 020 ... APPELLANTS (BY SRI. G LAKSHMEESH RAO, ADV.) AND:
1. SMT.NIRMALA AGED 51 YEARS W/O SRI.S.THIMMARAJU RESIDING AT NO.143/96 BANASHANKARI BANAGIRI NAGAR, 3RD STAGE BANGALORE - 560 085 2. SRI.B.C.CHIKKANNA S/O LATE CHIKKANNA AGED 54 YEARS RESIDING AT BYADARAHALLI VILLAGE YESHWANTHPURA HOBLI BANGALORE NORTH TALUK BANGALORE – 560 091 3. THE PRINCIPAL SECRETARY TO GOVERNMENT OF KARNATAKA HOUSING & URBAN DEVELOPMENT DEPARTMENT M.S.BUILDING DR. AMBEDKAR VEEDI BANGALORE - 560 001 ... RESPONDENTS (BY SRI D.NAGARAJ, AGA FOR R3;
SRI B.S.JEEVAN KUMAR, ADV. FOR R2; SRI JEEVANTH T, ADV. FOR R1) THESE WRIT APPEALS ARE FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.11837 AND 11838/2010 DATED 11/07/2014.
THESE WRIT APPEALS COMING ON FOR ORDERS, THIS DAY, NARAYANA SWAMY J., DELIVERED THE FOLLOWING:
J U D G M E N T Respondent No.2 herein filed writ petition No.11838 of 2010 which came to be allowed by the learned Single Judge, by its order dated 11th July, 2014. Against the said order this appeal is filed by the appellant-Bangalore Development Authority.
2. The learned counsel appearing for respondent No.2 who is the petitioner in the petition referred to above, files application in IA.I of 2019 seeking leave of this Court to withdraw the writ petition No.11838 of 2010 and the reasons assigned therein is that as per the consent award the respondent No.2 would take the benefit of allotment of developed sites in the ratio of 40 : 60 scheme in Nadaprabhu Kempegowda Layout, in described in third and fourth Schedule.
3. The learned counsel appearing for the appellant- Bangalore Development Authority had no objection to the respondent No.2 withdrawing the writ petition since the respondent No.2-the petitioner has admitted to take his share in the ratio of 40 : 60 scheme in Nadaprabhu Kempegowda Layout, in described in third and fourth Schedule.
4. In the facts and circumstances of the case, Writ petition No.11838 of 2010 is dismissed as withdrawn. Accordingly, IA.I of 2019 is allowed. Consequently, writ appeals No.143 and 144 of 2016 also stand dismissed as having become infructuous.
Sd/- JUDGE Sd/- JUDGE lnn