- 1 - NC: 2025:KHC:15180-DB WP No. 2741 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 2741 OF 2017 (BDA-PIL) BETWEEN: 1. SRI D.R. GOPINATH S/O. LATE D.P. RAMAKRISHNA REDDY AGED 54 YEARS R/AT NO.442, 10TH CROSS 2ND PHASE, GIRINAGAR BENGALURU - 560 085. 2. DR. B.V. SUDHAKAR REDDY S/O. VENUGOPALA REDDY AGED 49 YEARS R/AT 'HARSHITHA APARTMENTS' PATHANJALI NAGAR, PAVAGADA, TUMKUR DISTRICT PIN - 572 101. 3. SRI E. THIMMA REDDY S/O. LATE EPPETI VENKATARAMANAPPA AGED 66 YEARS, R/AT PATHANJALI NAGAR PAVAGADA TOWN, TUMKUR DISTRICT PIN - 572 101. THE PETITIONERS No.2 AND 3 ARE REPTD. BY GPA HOLDER D.R. GOPINATH, THE PETITIONER No.1. 4. SRI R. MOHAN REDDY S/O. R. PEDDA NANJI REDDY AGED ABOUT 41 YEARS R/AT NO.135, Digitally signed by CHAITHRA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15180-DB WP No. 2741 of 2017 'MUNILAKSHMAMA BUILDING' KASINAGAR, AMRUTHA HALLI BENGALURU - 560 092. 5. M.A. SHIVAIAH S/O. ANJANAPPA AGED ABOUT 56 YEARS LAKSHMINARASIMHA KRUPA R/AT SNEHA SOURABHA NEAR CHETHANA SCHOOL B.H. ROAD, TUMKUR PIN - 572 101. THE PETITIONER No.5 IS REPTD. BY HIS GPA HOLDER R. MOHAN REDDY, THE PETITIONER No.4. …PETITIONERS (BY SRI B.V. MALLA REDDY, ADVOCATE) AND: 1. BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST BANGALORE - 560 020., REPTD. BY ITS COMMISSIONER. 2. 3. THE STATION HOUSE OFFICER KADUGODI POLICE STATION BANGALORE - 560 067. THE COMMISSIONER OF POLICE INFANTRY ROAD, BANGALORE - 560 001. 4. M/S. CHAITANYA PROPERTIES (PVT.) LTD. BEING A COMPANY INCORPORATED UNDER THE COMPANIES ACT AND HAVING ITS OFFICE AT NO.17, SANKEY ROAD BANGALORE - 560 020 AND REPTD. BY ITS MANAGING DIRECTOR. 5. M/S. PRESTIGE ESTATE PROJECTS PVT. LTD. BEING A COMPANY INCORPORATED UNDER THE COMPANIES ACT AND HAVING ITS OFFICE - 3 - NC: 2025:KHC:15180-DB WP No. 2741 of 2017 AT FALCON HOUSE, NO.1, MAIN GUARD CROSS ROAD BANGALORE - 560 001 AND REPTD. BY ITS MANAGING DIRECTOR. 6. THE PRESTIGE SHANTHINIKETHAN APARTMENT OWNERS WELFARE ASSOCIATION BEING A SOCIETY REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT 1960 HAVING ITS REGD. ADDRESS AT TOWER NO.8, BASEMENT, PRESTIGE SHANTHINIKETHAN HOODI-WHITEFIELD ROAD NEAR ITPL, BANGALORE, KARNATAKA - 560 048., AND REPTD. BY ITS SECRETARY / GENERAL MANAGER / ESTATE MANAGER. 7. THE COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE N.R. CIRCLE, BANGALORE - 560 002. …RESPONDENTS (BY SRI K. KRISHNA, ADVOCATE FOR R-1, SMT. NILOUFER AKBAR, AGA FOR R-2 & 3, SRI VIKRAM HUILGOL, SENIOR ADVOCATE A/W SRI ROHAN HOSMATH, ADVOCATE FOR R-4, SRI C.K. NANDA KUMAR, SENIOR ADVOCATE FOR SRI GANAPATI HEGDE, ADVOCATE FOR R-5, SRI DHYAN CHINNAPPA, SENIOR ADVOCATE FOR SRI SUNDARARAMAN M.V., ADVOCATE FOR R-6, SRI B.L. SANJEEV, ADVOCATE FOR R-7 & SRI S.N. ASHWATHANARAYANA, SENIOR ADVOCATE FOR SRI S.A. SUDHINDRA, ADVOCATE FOR IMPLEADING APPLICANTS IN I.A.No.3/2024) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS No.1 TO 3 TO CLEAR FOR THE PUBLIC USE, THE SCHEDULE PROPERTIES BY DEMOLISHING THE ILLEGAL STRUCTURES, COMPOUND WALL, BY REMOVING THE BARRICADES, IN THE RCDP 80 FEET BDA ROAD, PUBLIC PARK AREARS, CIVIC AMENITY SITES, TO FACILITATE THE PUBLIC TO USE THE SAID PUBLIC PARK AREAS, PUBLIC ROADS, CIVIC AMENITY SITES, ETC. VESTED IN THE BDA, FOR THE USE OF THE PUBLIC INCLUDING THE PETITIONERS & ETC. - 4 - NC: 2025:KHC:15180-DB WP No. 2741 of 2017 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Learned advocate Mr. B.V. Malla Reddy for the petitioners files affidavit dated 09.04.2025, which is taken on record. However, in the course of the hearing, when the court queried learned advocate for the petitioners about the locus and about the veracity of the averments made in the aforementioned affidavit, he sought permission of the court to withdraw the petition. In the totality of the facts and circumstances, permission is granted to withdraw the present petition. Accordingly, the petition stands dismissed as withdrawn. - 5 - NC: 2025:KHC:15180-DB WP No. 2741 of 2017 In view of dismissal of the petition, the interlocutory applications would not survive and they stand accordingly disposed of. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 10