IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT W.P.No.52356 OF 2016 (BDA) BETWEEN 1. MR. ONEIL LANCELOT MENEZES, S/O MR. ALBERT MENEZES, AGED ABOUT 47 YEARS.
2. MRS. BLOSSOM SHEELA MENEZES, W/O MR. ONEIL MENEZES, AGED 42 YEARS, PERMANENT ADDRESS: NO.567, 15TH MAIN, 3RD CROSS, 4TH BLOCK, KORAMANGALA, BENGALURU-560 034.
PETITIONERS 1 AND 2 REPRESENTED BY THEIR GENERAL POWER OF ATTTORNEY HOLDER MR. ALBERT MENEZES, AGED ABOUT 77 YEARS, R/A NO.567, 15TH MAIN, 3RD CROSS, 4TH BLOCK, KORAMANGALA, BENGALURU-560 034. ... PETITIONERS (BY SRI. NITYANAND V NAIK, ADVOCATE) AND 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, BENGALURU-560 001.
2. THE SECRETARY TO THE GOVERNMENT OF KARNATAKA, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU-560 001.
3. THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, KANDYA BHAVAN, K.G.ROAD, BENGALURU-560 009.
4. THE COMMISSIONER, BENGALURU DEVELOPMENT AUTHORITY, CHOUDAIAH ROAD, BENGALURU-560 020. ... RESPONDENTS (BY SRI. DILDAR SHIRALLI, HCGP FOR R1 & R2; SRI.M.N. SUDEV HEGDE, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS; DIRECT THE R-3 AND R-4 TO ENSURE THAT THE PETITIONERS SITE BEARING NO.1394 MORE FULLY DESCRIBED IN THE SCHEDULE IS FREE FROM ANY ENCROACHMENT AND CLAIMS IN VIEW OF THE CONCLUDED ACQUISITION PROCEEDINGS BY THE R-3 AND THE AFFIDAVIT ALONG WITH PHOTOCOPIES AND LAYOUT PLAN FILED BY THE R-3 BEFORE THIS HON'BLE COURT IN CCC NO.1020-21/2002 VIDE ANNEX-J NOT WITHSTANDING THE JUDGMENT AND DECREE GRANTED BY THE 41ST ADDL. CITY CIVIL JUDGE AT BENGALURU ON 26.4.2016 IN O.S.NO.5108/2013 VIDE ANNEX- L AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The learned counsel for the petitioners has filed a Memo seeking withdrawal of the Writ Petition.
The Memo is taken on record. Leave is accorded.
The Writ Petition is dismissed as withdrawn with liberty as sought for in the Memo dated 17.01.2019. Interim Orders if any, stand dissolved.
Costs made easy.
Sd/- JUDGE cbc