1/3 IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 30th DAY OF AUGUST 2017 BEFORE THE HON'BLE Dr.JUSTICE VINEET KOTHARI WRIT PETITION Nos.42853-856/2016 (LB-BMP) BETWEEN:
1. M/S. V.K.C. DEVELOPERS PRIVATE LIMITED CHOURASIA HEIGHTS, No.22, 1ST CROSS ASHWATH NAGAR, MARATHAHALLI BENGALURU-560 037 REP. BY ITS MANAGING DIRECTOR SRI. VIJAY PRAKASH CHOURASIA.
2. Mr. ASLAM S S/O SRI. SYED MEHABOOB AGED ABOUT 50 YEARS.
3. Mrs. NAZEEMA ASLAM W/O Mr. ASLAM S AGED 42 YEARS.
PETITIONERS 2 & 3 ARE R/A. # 103 “A” BLOCK, SPARTAN HEIGHTS APARTMENTS RICHMOND ROAD, BENGALURU-560 025.
4. M/S. CANOPY DWELLINGS (P) LTD, O/A. CANOPY HOUSE, No.969 5TH “A” CROSS, HRBR 1ST BLOCK KALYAN NAGAR, BENGALURU-560043 REP. BY ITS MANAGING DIRECTOR Mr. SYED FAISAL RIZVI S/O Mr. SYED NASIR RIZVI AGED ABOUT 46 YEARS.
…PETITIONERS (BY SRI. SHASHI KIRAN SHETTY, SR. COUNSEL SMT. FARAH FATHIMA, ADV.,) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY URBAN DEPARTMENT VIDHANA SOUDHA, BENGALURU-560001.
2. BRUHATH BENGALURU MAHANAGARA PALIKE N.R. SQUARE, BENGALURU-02 REP. BY ITS COMMISSIONER.
3. THE JOINT DIRECTOR OF TOWN PLANNING (SOUTH) BRUHAT BENGALURU MAHANAGARA PALIKE N.R. SQUARE, BENGALURU-560002.
…RESPONDENTS (BY SRI. A.K. VASANTH, AGA FOR R1 SRI. I.G. GACHCHINAMATH, ADV., FOR R2 & R3) THESE W.Ps. ARE FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION QUASHING ENDORSMENT BEARING No.BBMP/JDTP(S)/JC(E)/LP 31/05-06 DATED 25.08.2015 ISSUED BY RESPONDENT No.3 IN FAVOUR OF PETITIONERS AS THE SAME IS HIGHLY ARBITRARY ILLEGAL (ANNEXURE-A) AND IN CONTRARY TO JUDGMENT DATED 24.03.2016 MADE IN W.P.No.2618/2016 (ANNEXURE-Q) & ETC., THESE W.Ps. COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr. Shashi Kiran Shetty, Sr. Counsel for Mrs. Farah Fathima, Adv. for Petitioners Mr. A.K. Vasanth, AGA for R1 Mr. I.G. Gachchinamath, Adv., for R2 & R3 1. The learned Senior counsel for the petitioners wants to withdraw the petitions.
2. Opposite counsel has no objection.
3. Accordingly, the writ petitions are dismissed as withdrawn. No costs.
Sd/- JUDGE Srl.