IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR.JUSTICE P. B. BAJANTHRI WRIT PETITION No.917/2017 & WRIT PETITION Nos.1811-1813/2017 (LA-BDA) Between:
1. Mrs. Naaz Ashfaq W/o Late Ashfaq Ahmed Sharifff Aged about 60 years R/at. No.96/3, 4th Cross Behind Shoba Bazar, II Block H.R.B.R. Layout, Chellekere Bengaluru – 560 043 2. Mr. Haseeb Ahmed S/o Late Ashfaq Ahmed Shariff Aged about 40 years R/at. No.96/3, 4th Cross Behind Shoba Bazar, II Block H.R.B.R. Layout, Chellekere Bengaluru – 560 043 3. Mr. Kashif Ahmed S/o. Late Ashfaq Ahmed Shariff Aged about 38 years R/at. No.96/3, 4th Cross Behind Shoba Bazar, II Bock H.R.B.R. Layout, Chellekere Bengaluru – 560 043.
4. Mrs. Shaheeda Banu D/o Late Ashfaq Ahmed Shariff Aged about 36 years R/at. No.96/3, 4th Cross Behind Shoba Bazar, II Block H.R.B.R. Layout, Chellekere Bengaluru – 560 043 Represented by GPA holder of Petitioner Nos.1 to 4 5. Mr. Mohammed Shafiulla S/o Late P.K.Ibrahim Aged about 54 years R/at. No.96/3, 4th Cross II Block, H.R.B.R. Layout Bengaluru – 560 043 .. Petitioners (By Sri Ramamoorthy B.V., Advocate) And 1. The State of Karnataka Rep. by its Principal Secretary Department of Housing and Urban Development M.S.Building Bengaluru – 560 001 2. The Bangalore Development Authority By its Commissioner T.Chowdaiah Road Kumara Park Road Bengaluru – 560 020 3. Special Land Acquisition Officer Bengaluru Development Authority 5th Floor, M.S.Building T.Chowdaiah Road Kumara Park West Bengaluru – 560 020. .. Respondents (By Sri E.S.Indiresh, AGA for R1 Sri Vivek Yavagal, Advocate for R2 Sri Sachin B.S., Advocate for R3 (NOC)) These Writ Petitions are filed under Articles 226 and 227 of Constitution of India praying to declare that the acquisition proceedings initiated by respondent No.2 vide preliminary notification dated 21.03.1977 which was published in Karnataka Gazette Notification dated 05.05.1977. A copy of preliminary notification is here with produced at Annexure-J which was followed by way of issue of final notification dated 14.05.1980 published in Karnataka Gazette dated 12.06.1980 by respondent No.1 as per Annexure-K. The respondent No.2 has also possession mahazar in LAC No.617/1980-81 dated 15.10.1986 as per Annexure-L followed by award dated 19.09.1986 passed by respondent No.3 in land acquisition case No.616/1980-81 as per Annexure-M have respectively lapsed in respect of property in question, as provided under Section 24(2) of the Right of Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (Central Act No.30 of 2013) and Consequently, Annexure-J, K, L & M have become inoperative, in so far as the property in question i.e., the property building bearing Municipal No.59 (New No.59/1 as per Khatha Certificate) 4th Cross, Chikkakonnappareddy Circle Road, Bengaluru, Ward No.89, totally measuring 18,000 Sq. feet, built up area 14,126 Sq. feet, PID No.89-376-59 in Sy.No.96/3 of Chellakere Village, K.R.Puram Hobli, Bengaluru East Taluk together with building and etc., These writ petitions coming on for ‘Preliminary Hearing in B Group’ this day, the Court passed the following:-
ORDER Learned counsel for the petitioners has filed a memo seeking leave of the Court to withdraw the petitions.
Memo for withdrawal is accepted.
Accordingly, petitions are dismissed as withdrawn as not pressed.
SD/- JUDGE PYR