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2025 DAILYLAW 16439 (KAR)

SRI HANUMANTHA BHOVI v. THE STATE OF KARNATAKA

WP/37818/2016 · 2025-03-28

R Devdas

body2025

Judgment text

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- 1 - NC: 2025:KHC:13297 WP No. 37818 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 37818 OF 2016 (LA-BDA) BETWEEN: 1. SRI HANUMANTHA BHOVI S/O LATE VENKATA BHOVI @ DASAPPA AGED ABOUT 70 YEARS R/O BHUVANESHWARINAGAR NAGADEVANAHALLI, BANGALORE SOUTH TALUK BANGALORE DISTRICT-562110 2. SRI NARAYANASWAMY S/O LATE VENKATA BHOVI @ DASAPPA AGED ABOUT 65 YEARS R/O BHUVANESHWARINAGAR NAGADEVANAHALLI, BANGALORE SOUTH TALUK BANGALORE DISTRICT-562110 3. SRI BASAVARAJU S/O LATE VENKATA BHOVI @ DASAPPA AGED ABOUT 58 YEARS R/O BHUVANESHWARINAGAR NAGADEVANAHALLI, BANGALORE SOUTH TALUK BANGALORE DISTRICT-562110 4. SMT. SHOBHA D/O LATE MUNIYAPPA AGED ABOUT 30 YEARS R/O BHUVANESHWARINAGAR NAGADEVANAHALLI, BANGALORE SOUTH TALUK BANGALORE DISTRICT-562110 Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13297 WP No. 37818 of 2016 5. LAKSHMAMMA W/O LATE VENKATAPPA AGED ABOUT 50 YEARS R/O BHUVANESHWARINAGAR NAGADEVANAHALLI, BANGALORE SOUTH TALUK BANGALORE DISTRICT-562110 6. SRI CHINNASWAMY S/O LATE VENKATASWAMY AGED ABOUT 65 YEARS R/O BHUVANESHWARINAGAR NAGADEVANAHALLI, BANGALORE SOUTH TALUK BANGALORE DISTRICT-562110 …PETITIONERS (BY SRI. M.R. RAJAGOPAL, SENIOR COUNSEL FOR SRI. H N BASAVARAJU.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA BANGALORE-560 001 2. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF HOUSING, VIDHANA SOUDHA BANGALORE-560 001 3. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST, T.CHOWDAIAH ROAD BANGALORE-560 020 4. THE SPECIAL LAND ACQUISITION OFFICER BANGALORE SUB-DIVISION, - 3 - NC: 2025:KHC:13297 WP No. 37818 of 2016 PODIUM BLOCK, VISVESHWARAIAH TOWER DR. AMBEDKAR VEEDHI, BANGALORE-560001 5. THE SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST, T. CHOWDAIAH ROAD BANGALORE-560 020 6. THE GAVIPURA EXTENSION HOUSE BUILDING CO-OPERATIVE SOCIETY LTD BY ITS SECRETARY, NO.50, 3RD CROSS GAVIPURAM EXTESNION, BANGALORE-560 019 …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1, R2 AND R4 SRI. G. LAKSHMEESH RAO, ADVOCATE FOR R3 AND R5 SRI. ANANDA K., ADVOCATE FOR R6) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE ACQUISITION INITIATED UNDER THE LAND ACQUISITION ACT, 1894, BY VIRTUE OF THE PRELIMINARY NOTIFICATION DATED 31.7.1986 AND FLLOWED BY THE FINAL NOTIFICATION DATED 22.1.1987 AND GAZETTED ON 05.03.1987 ISSUED ON BE HALF OF THE R-1 AS PER ANNEXURE-C & C1 IS SUPERSEDED OR ABANDED BY VIRTUE OF ISSUANCE OF THE PRELIMINARY NOTIFICATION UNDER SECTION 17(1) OF THE BANGALORE DEVELOPMENT AUTHORITY ACT, 1976 DATED 19.1.1989 AND FINAL NOTIFICATION DATED 19.1.1994 AS PER ANNEXURE-J & K IN SO FAR THE PETITIONERS LANDS ARE CONCERNED AND ETC. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC:13297 WP No. 37818 of 2016 CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned Senior Counsel Sri.M.R.Rajagopal appearing for the petitioners, had on the previous occasion, i.e., 21.03.2025, submitted that the petitioners should be permitted to reconsider whether to continue with the Writ Petition. 2. Today, learned counsel for the petitioners has filed a memo in Writ Petition No.37818/2016 stating that on the same cause of action, another Writ Petition has been filed by some of the interested persons in Writ Petition No.6626/2025. Therefore, the petitioners seek to withdraw the Writ Petition since another Writ Petition has been filed. 2. The memo is taken on record subject to all just exceptions. 3. Accordingly, Writ Petition is dismissed as withdrawn. Sd/- (R DEVDAS) JUDGE BNV Ct-BHK