IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI WRIT PETITION NO.19362 OF 2016 (LA-RES) BETWEEN:
SRI. KRISHNAPPA S/O. LATE HANUMAIAH AGED ABOUT 72 YEARS RESIDING AT NO.186 GANGABHAVANI ROAD KODIGEHALLI VILLAGE SAHAKARNAGAR POST BENGALURU-560 092 [BY SRI. Y.R. SADASIVA REDDY FOR SRI. HEMANTH KUMAR (NOC)] AND:
1. THE STATE OF KARNATAKA REVENUE DEPARTMENT M.S. BUILDING BENGALURU-560 001 REP. BY ITS PRINCIPAL SECRETARY 2. THE DEPUTY COMMISSIONER BANGALORE DISTRICT K.G. ROAD BANGALORE-560 009 ... PETITIONER 3. THE SPECIAL LAND ACQUISITION OFFICER 3RD FLOOR, V.V. TOWER DR. AMBEDKAR ROAD BANGALORE-560 001 4. NATIONAL TECHNOLOGICAL INSTITUTIONS (NTI) HOUSING CO-OPERATIVE SOCIETY LTD.
G-5, PALACE ORCHARDS APARTMENTS NO.51 9TH MAIN, 6TH CROSS RMV EXTENSION BANGALORE-560 090 REP. BY ITS SECRETARY 5. DR.BALAJI M.C. S/O.CHOWDAREDDY AGED ABOUT 49 YEARS PRACTICING AT #14, B N REDDY COLONY READ NO.14, BANJARA HILLS HYDERABAD-5600 034 AND ALSO R/AT 127, SITUATED AT 3RD MAIN ROAD 7TH CROSS, RMV 2ND STAGE HIG DOLLARS COLONY BENGALURU-560 094 6. K.LAKSHMINARAYANA S/O. LATE K.RAMAIAH SHETTY AGED ABOUT 53 YEARS R/A NO.276, 9TH A MAIN ROAD 2ND BLOCK, JAYANAGAR BENGALURU-560 011 (BY SRI. E.S. INDIRESH, AGA FOR R-1 TO R-3;
... RESPONDENTS SRI. HARISH KUMAR M.S., ADVOCATE FOR R-4; SRI. H.T. NATARAJ, ADVOCATE FOR R-5;
SRI. SAINATH, ADVOCATE FOR R-6.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PRELIMINARY NOTIFICATION ISSUED UNDER SECTION 4(1) OF THE LAND ACQUISITION ACT, DT. NIL BEARING NO. NIL PUBLISHED IN THE OFFICIAL GAZETTE ON 04.01.1985 VIDE ANNEXURE-B, AND FINAL NOTIFICATION ISSUED UNDER SECTION 6(1) OF THE LAND ACQUISITION ACT DATED 25.09.1986, DATED 22.09.1986 VIDE ANNEXURE-C ISSUED BY THE R-3 HAVE LAPSED AS PER SECTION 24(2) OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION REHABILITATION AND RESETTLEMENT ACT OF 2013, IN SO FAR AS IT RELATED TO THE PETITIOENRS HEREIN.
THIS WRIT PETITION IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER On 02.08.2019, this Court passed the following order:
“Ten days time is finally granted, failing which, the writ petition stands dismissed for non- rectification of amended writ petition pursuant to the order dated 14.12.2018.
List this matter on 13.08.2019.
2. On 13.08.2019, petitioner is stated to have filed amended cause title in the open Court. Thereafter, petitioner was permitted to carry out necessary amendment in the cause title on or before 20.08.2019 and the same was not carried out in respect of incorporating 6th respondent. However, it is to be noted that in respect of incorporating 5th respondent’s name in the cause title, there is no signature of the advocate so also on which date such incorporation was carried out.
3. Since main matter was dismissed, question of entertaining I.As. do not arise at this stage. Reserving liberty to the concerned to make necessary application in accordance with law, writ petition stands dismissed in terms of order dated 13.08.2019.
Sd/- JUDGE BS