IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF OCTOBER 2017 PRESENT THE HON’BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL NO.6312/2017(BDA) BETWEEN :
C.P.SRINIVASAN S/O C.R.PADMANABHA PANDIT AGED 75 YEARS RESIDING AT NO.292, 5TH MAIN ROAD 1ST ‘A’ CROSS, REMCO LAYOUT BANGALORE – 560 040 ...APPELLANT (BY MS.JAYNA KOTHARI, ADVOCATE) AND :
1. THE BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK (WEST) BANGALORE – 560 020 REPRESENTED BY ITS CHAIRMAN 2. THE STATE GOVERNMENT OF KARNATAKA DEPARTMENT OF WOMEN AND CHILD & SENIOR CITIZENS AND DISABLED WELFARE MS BUILDING, DR. AMBEDKAR VEEDHI BANGALORE -560 001 3. REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF URBAN DEVELOPMENT VIKAS SOUDHA, BANGALORE – 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY ...RESPONDENTS (GOVERNMENT ADVOCATE SERVED) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 21.09.2017 PASSED IN WP NO.41592/2017 [BDA], TO THE EXTENT THAT IT STIPULATES THE PAYMENT OF 50% SITAL VALUE WITHIN FOUR WEEKS OF THE IMPUGNED ORDER.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE ACTING CHIEF JUSTICE, DELIVERED THE FOLLOWING:
JUDGMENT Ag.CJ (Oral):
1. Learned Counsel appearing for the appellant seeks leave to withdraw the appeal with liberty to the appellant to apply for modification of the order dated 21.09.2017 passed in Writ Petition No.41592/2017 which is impugned in this appeal.
2. Leave and liberty sought for is granted. The writ appeal is accordingly disposed of as withdrawn. In view of disposal of the appeal, IA No.1/2017 does not survive for consideration; it stands disposed of accordingly.
Appeal disposed of.
Sd/-
ACTING CHIEF JUSTICE KSR Sd/- JUDGE