IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 28th DAY OF JUNE 2017 BEFORE THE HON'BLE Dr.JUSTICE VINEET KOTHARI WRIT PETITION No.43733/2016 & WRIT PETITION Nos.43866-43867/2016(LB-RES) BETWEEN:
SRI. CHA. GU. NAGARAJU AGED 45 YEARS, S/O LATE SRI. GUNDAIAH, RESIDING AT NO. 15/7, BABU JAGAJEEVANRAM BADAVANE, CHAMARAJANAGAR TOWN, CHAMARAJANAGARA 571 313.
(BY SRI G.R.MOHAN, ADV.) AND:
1. STATE OF KARNATAKA BY ITS CHIEF SECRETARY,. VIDHANA SOUDHA, BENGALURU 560 001.
2. THE DEPUTY COMMISSIONER CHAMARAJANAGAR TOWN, CHAMARAJANAGAR 571 313.
3. THE DEPUTY DIRECTOR SOCIAL WELFARE DEPARTMENT CHAMARAJANAGAR TOWN, CHAMARAJANAGAR 571 313.
4. THE CHIEF OFFICER …PETITIONER CHAMARAJANAGAR TOWN MUNICIPAL COUNCIL, CHAMARAJANAGAR TOWN, CHAMARAJANAGAR 571 313.
5. BAPUJI SARVAJANIKA VIDYARTHINILAYA RAMASAMUDRA, CHAMARAJANAGAR TOWN, CHAMARAJANAGAR 571 313.
BY ITS PRESIDENT SRI. R M KANTHARAJU …RESPONDENTS (BY SRI ANANDEESHWARA, HCGP FOR R-1 TO R-3;
SRI J.M. NAVEEN, ADV., FOR SRI A.NAGARAJAPPA, ADV., FOR R4; SRI RAKSHITH JOIS Y.T., ADV., FOR SRI T.N.RAGHUPATHI, ADV., FOR R-5) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO 4 TAKE BACK FROM THE R-5 SOCIETY THE ENTIRE EXTENT OF LAND 2 ACRES AND 15 GUNTAS ASSESSMENT NO.1549/1528 IN SY.NO.294/1A, 294/1B AND 294/2A, SITUATE IN KASABA HOBLI, CHAMRAJANAGAR TOWN AND DISTRICT AND UTILIZE THE SAME FOR THE PURPOSE OF CONSTRUCTION OF DR.BABU JAGJEEVANRAM BHAVAN, HOSTEL AND EDUCATIONAL BUILDING FOR THE WELFARE OF THE HARIJAN STUDENTS AND COMMUNITY AT LARGE. & ETC., THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.G.R.Mohan, Adv. for Petitioner Mr.Anandeeshwara, HCGP for R1-R3, Mr.Naveen J.M., Adv. for R4 Mr.Y.T.Rakshith Jois, Adv. for R5 1. Heard the learned counsels.
2. From the tenor of the writ petitions, it appears that the petitioner who is the complainant in the complaint filed against Respondent No.5, seeking to raise an objection regarding the land owned by Respondent No.5 for the construction of Dr.Babu Jagjeevanram Bhavan thereon, the same appears to be in the nature of a Public Interest Litigation.
3. Upon being confronted with this, learned counsel for the petitioner seeks permission of this Court to withdraw these writ petitions with liberty to file a PIL before the Division Bench of this Court.
4. Accordingly, the Writ petitions are dismissed as withdrawn. No costs.
Sd/- JUDGE Srl.