- 1 - NC: 2025:KHC:6358 WP No. 55372 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 55372 OF 2017 (LB-RES) BETWEEN: 1. SRI K KOCHAPPAN K S/O LATE R. KUTTAN AGED ABOUT 75 YEARS R/AT NO.94/1, KAMMASANDRA VILLAGE, HEBBAGODI POST ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU 560 100. SINCE DEAD BY LR’S 1(A) SMT. K. VASANTHI W/O SRI. K BALACHANDRAN AGED ABOUT 53 YEARS, 1(B) SRI. RAMESH S/O LATE K KOCHAPPAN AGED ABOUT 51 YEARS, 1(C) SRI. K. DINESH S/O LATE K KOCHAPPAN AGED ABOUT 49 YEARS, 1(D) SRI. K. JAGADISHA S/O LATE K KOCHAPPAN AGED ABOUT 44 YEARS, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6358 WP No. 55372 of 2017 1(E) SMT. ROOPA K. D/O LATE K KOCHAPPAN AGED ABOUT 30 YEARS, NO. 1(A) TO 1(E) ARE R/AT NO.94/1, KAMMASANDRA VILLAGE, HEBBAGODI POST, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU-560 100. (AMENDMENT IS CARRIED OUT AS PER COURT ORDER DATED 5.04.2022) …PETITIONERS (BY SRI. VASANTHAPPA.,ADVOCATE) AND: 1. THE COMMISSIONER CMC AMBEDKAR ROAD, HEBBAGODI, BENGALURU CITY, BENGALURU 560 100. 2. SRI DENIS D’SOUZA S/O MARTIN D’SOUZA AGED ABOUT 79 YEARS R/AT NO.21, 6TH CROSS, LAKSHMI ROAD, SHANTHINAGAR, BENGALURU 560 027. …RESPONDENTS (BY SRI. THIPPESWAMY T., ADVOCATE FOR R1; SRI. M J ALVA, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 ALONG WITH R-2 TO REMOVE THE ROAD FORMED IN SY.NO.94/1 & 94/2 MEASURING EAT TO WEST 15 FEET AND NORTH TO SOUTH 341 FEET OF KAMMASANDRA VILLAGE, HEBBAGODI, WARD NO.29, ATTIBELE HOBLI, BENGALURU AND DELIVER THE VACANT - 3 - NC: 2025:KHC:6358 WP No. 55372 of 2017 POSSESSION OF THE LAND IN FAVOUR OF THE PETITIONER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The learned counsel for the petitioners seeks permission to withdraw the writ petition with liberty to approach the Civil Court to establish their rights over the lands in question. 2. The submission is placed on record. 3. Reserving liberty to the petitioners, as prayed for, the writ petition is dismissed as withdrawn. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 46