IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9Th DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.25929/2017 & WRIT PETITION NOS.25930-25931/2017 (LA-KIADB) BETWEEN:
1. SRI SHIVAKUMAR S/O.RANGASWAMAIAH AGED ABOUT 48 YEARS 2. SRI MANJUNATH S/O. RANGASWAMAIAH AGED ABOUT 46 YEARS 3. SRI RAJASEKHARAIAH S/O RANGASWAMAIAH AGED ABOUT 44 YEARS ALL ARE RESIDING AT KODIHALLI VILLAGE KORA HALLI TUMKUR TALUK – 572 128 … PETITIONERS (BY SRI MUSHTAQ AHMED, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES VIDHANA SOUDHA BENGALURU – 560 001 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD BY ITS CHIEF EXECUTIVE OFFICER & EXECUTIVE MEMBER NO.14/3, II FLOOR, R.P.BUILDING NRUPATHUNGA ROAD BENGALURU – 560 001 3. THE SPECIAL LAND ACQUISITION OFFICER NIMZ KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD 1ST FLOOR, MARUTHI TOWER NEAR SIT MAIN GATE TUMKUR – 572 103 … RESPONDENTS (BY SRI E.S.INDIRESH, AGA FOR R1;
SRI P.V.CHANDRASHEKAR, ADVOCATE FOR R2 & R3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GENERAL AWARD DATED 19.11.2013 (ANNEXURE-E) PASSED BY RESPONDENT NO.3 IN RESPECT OF SY.NO.91/1, NEW NO.91/4, MEASURING 2 ACRES 20 GUNTAS SITUATED AT YALADADLU VILLAGE, KORA HOBLI, TUMKUR TALUK, TUMKUR DISTRICT AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri Mushtaq Ahmed, learned Counsel for the petitioners.
Sri E.S.Indiresh, learned Additional Government Advocate for respondent No.1.
Sri P.V.Chandrashekar, learned Counsel for respondent Nos.2 and 3.
2. The petitions are admitted for hearing. With the consent of learned counsel for the parties, the same are heard finally.
3. In these petitions under Articles 226 and 227 of the Constitution of India, the petitioners inter alia seek a writ of certiorari for quashment of General Award dated 19.11.2013 passed by the third respondent in respect of Sy.No.91/1, New No.91/4, measuring 2 acres 20 guntas situated at Yalladadlu Village, Kora Hobli, Tumkuru Taluk, Tumkuru District.
4. Learned Counsel for the petitioners seeks leave of the Court to withdraw these writ petitions, in view of the appeal in RA.No.8/2018 pending before the Jurisdictional Appellate Court with liberty to approach this Court for quashing of the General Award dated 19.11.2013 after disposal of said appeal.
4. These petitions are hereby dismissed as withdrawn with liberty to approach this Court after the appeal in R.A.No.8/2018 being disposed of.
It is made clear that this Court has not expressed any opinion on merits of the case.
Sd/- JUDGE LB