IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S. DIXIT W.P.NO.12454 OF 2017 (LA-KIADB) AND W.P.NO.12455 OF 2017 (LA-KIADB) BETWEEN SRI.M.GIRIYAPPA, S/O LATE MUDLAIAH, AGED ABOUT 65 YEARS, R/AT THIPPEDASARAHALLI, KORA HOBLI, HALDODDERI POST, TUMKUR TALUK AND DISTRICT – 572128. ... PETITIONER (THE ABOVE PETITIONER IS PETITIONER NO.2 IN THE MAIN PETITIONS I.E., W.P.NOS.12453-12455/2017 & W.P.NOS.12457-12461/2017 & W.P.NO.12465/2017) (BY SRI. RAJESWARA P.N, ADVOCATE) AND 1. UNION OF INDIA, MINISTRY OF RURAL DEVELOPMENT, GOVERNMENT OF INDIA, KRISHI BHAVAN, DR RAJENDRA PRASAD ROAD, NEW DELHI – 110001, BY ITS SECRETARY.
2. THE STATE OF KARNATAKA, DEPARTMENT OF INDUSTRIES AND COMMERCE, DR B R AMBEDKAR BEEDI, VIKAS SOUDHA, BANGALORE – 560001, REPRESENTED BY ADDITIONAL CHIEF SECRETARY.
3. THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, III & IV FLOORS, KHANIJ BHAVAN, RACE COURSE ROAD, BANGALORE – 560001, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER & EXECUTIVE MEMBER.
4. THE SPECIAL LAND ACQUISITION OFFICER-NIMZ, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, MARUTHI TOWERS , 1ST FLOOR, NEXT TO SIT COLLEGE, B.H. ROAD, TUMAKOORU – 572102. ... RESPONDENTS (BY SRI.K.S. GANESHA, CGC FOR R1; SRI. DILDAR SHIRALLI, HCGP FOR R2;
SRI. ASHOK HARANAHALLI, SENIOR ADVOCATE FOR SRI.B.B. PATIL, ADVOCATE FOR R3 & R4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE PROVISIONS CONTAINED IN CHAPTER VII OF THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT ACT, 1966 ARE VOID AS THEY ARE REPUGNANT TO THE PROVISIONS OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 [CENTRAL ACT 30/2013] OR IN THE ALTERNATIVE ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION DECLARE THAT THE PROVISIONS OF SECTION 28(4) AND (5) OF THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT ACT 1966 ARE UNCONSTITUTIONAL AND VIOLATIVE OF FURTHER PROVISO TO ARTICLE 31A OF THE CONSTITUTION OF INDIA AND ETC.
THESE WRIT PETITIONS COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The learned counsel for the 2nd respondent has filed a Memo dated 12.02.2019 seeking leave of the court to withdraw W.P.Nos.12454 & 12455/2017.
2. The learned Senior Advocate Sri.Ashok Haranahalli appearing for the respondent-KIADB submits that he has no objection for the withdrawal. There is no other reason to deny relief to withdraw the lis either.
In the above circumstances, the said Writ Petitions are dismissed as withdrawn in terms of Memo.
SD/- JUDGE cbc