1

IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 23^RD DAY OF JULY, 2021

BEFORE

THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR

WRIT PETITION No.29536 OF 2017

C/W

WRIT PETITION No. 29524 OF 2017(LA-BDA)

IN W.P.No. 29536/2017

BETWEEN:

1 .

SRI N ASWATH

AGED ABOUT 58 YEARS,

SONOF LATE NARAYANA SWAMY,

RESIDIGN AT THALAGATTAPURA VILLAGE,

KANAKAPURA MAIN ROAD,

UTTARAHALLI HOBLI,

BANGALORE-560062.

2 .

SRI N CHOWDAPPA

AGED ABOUT 56 YEARS,

SON OF LATE NARAYANA SWAMY,

RESIDING AT THALAGATTAPURA VILLAGE,

KANAKAPURA MAIN ROAD,

UTTARAHALLI HOBLI, BANGALORE-560062.

3 .

SRI N MUNIRAMU

AGED ABOUT 55 YEARS,

SON OF LATE NARAYANA SWAMY,

RESIDING AT THALAGATTAPURA VILLAGE,

KANAKAPURA MAIN ROAD,

UTTARAHALLI HOBLI,

BANGALORE-560062.

…PETITIONERS

(BY SRI. SOMASHEKARA.K.M., ADVOCATE)

AND:

1 .

THE STATE OF KARNATAKA

REPRESENTED BY ITS SECRETARY,

URBAN DEVELOPMENT DEPARTMENT,

M.S.BUILDING,

BANGALORE-560001.

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2 .

THE BANGALORE DEVELOPMENT AUTHORITY

T.CHOWDAIAH ROAD, KUMARA PARK WEST,

BANGALORE-560020

(REPRESENTED BY TS COMMISSIONER)

3 .

THE SPECIAL LAND ACQUISTION OFFICER

BANGALORE DEVELOPMENT AUTHORITY,

T.CHOWDAIAH ROAD, KUMARA PARK WEST,

BANGALORE-560020.

…RESPONDENTS

(BY SRI. A.C.BALARAJ, AGA FOR R-1

SRI. NARENDRA GOWDA, ADVOCATE FOR R-2 & R-3)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE

ACQUISITION IN RESPECT OF THE PETITION SCHEDULE

PROPERTY VIDE PRELIMINARY NOTIFICATION DTD: 7.11.2002

[ANNEXURE-A]

AND

FINAL

NOTIFICATION

DTD:

9.9.2003

[ANNEXURE-B] IS DEEMED TO HAVE LAPSED UNDER SECTION

24[2]

OF

THE

RIGHT

TO

FAIR

COMPENSATION

AND

TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND

RESETTLEMENT

ACT,

2013

AND

ETC.

IN W.P.No. 29524/2017

BETWEEN:

1 .

SRI M THIMMAPPA

AGED ABOUT 58 YEARS,

S/O LATE MUDDANNA

R/AT NO. 114, THALAGATTAPURA

KANAKA PURA MAIN ROAD

UTTARAHALLI HOBLI, BANGALORE - 560 062.

2 .

SRI M MANJUNATHA

AGED ABOUT 47 YEARS,

S/O LATE MUDDANNA

R/AT NO. 616 THALAGATTAPURA

KANAKA PURA MAIN ROAD

UTTARAHALLI HOBLI, BANGALORE - 560 062.

3 .

SRI M SUBHASH

AGED ABOUT 45 YEARS,

S/O LATE MUDDANNA

R/AT NO. THALAGATTAPURA

KANAKA PURA MAIN ROAD

UTTARAHALLI HOBLI, BANGALORE - 560 062.

…PETITIONERS

(BY SRI. SOMASHEKARA.K.M., ADVOCATE)

3

AND:

1 .

THE STATE OF KARNATAKA

REPRESENTED BY ITS SECRETARY,

URBAN DEVELOPMENT DEPARTMENT,

M.S.BUILDING,

BANGALORE-560001.

2 .

THE BANGALORE DEVELOPMENT AUTHORITY

T.CHOWDAIAH ROAD,

KUMARA PARK WEST,

BANGALORE-560020

(REPRESENTED BY TS COMMISSIONER)

3 .

THE SPECIAL LAND ACQUISTION OFFICER

BANGALORE DEVELOPMENT AUTHORITY,

T.CHOWDAIAH ROAD,

KUMARA PARK WEST,

BANGALORE-560020.

…RESPONDENTS

(BY SRI. A.C.BALARAJ, AGA FOR R-1

SRI. NARENDRA GOWDA, ADVOCATE FOR R-2 & R-3)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE

ACQUISITION IN RESPECT OF THE PETITION SCHEDULE

PROPERTY VIDE PRELIMINARY NOTIFICATION DTD: 09.09.2003

AT [ANNEXURE-A] AND FINAL NOTIFICATION DTD: 09.09.2003

[ANNEXURE-B] IS DEEMED TO HAVE LAPSED UNDER SECTION

24[2]

OF

THE

RIGHT

TO

FAIR

COMPENSATION

AND

TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND

RESETTLEMENT ACT, 2013 AND ETC.

THESE PETITIONS ARE COMING ON FOR ORDERS THIS

DAY, THE COURT MADE THE FOLLOWING:-

ORDER

Learned counsel for the petitioners have filed a

memo, which reads as under:

"It is submitted that inadvertently the petitioners have

not pleaded certain facts and also have not placed

some documents along the writ petitions and in view

of the above, the petitioners prays this Hon'ble Court

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be pleased to permit the petitioners to withdraw the

above writ petitions, reserving liberty to file fresh

comprehensive writ petitions in the same cause of

action, in the ends of justice."

2. In view of the aforesaid memo, the petitions are

dismiss