THE BANGALORE DEVELOPMENT AUTHORITY v. SRI.B.VIJAYKUMAR
WA/400/2025 · 2025-07-10
C M Joshi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19872 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19872 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:25341-DB WA No. 400 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. V KAMESWAR RAO, ACTING CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT APPEAL NO. 400 OF 2025 (LA-BDA)
BETWEEN:
1.
THE BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD KUMARA PARK WEST BANGALORE - 560 020 REP. BY ITS COMMISSIONER
2.
THE SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD KUMARA PARK WEST BANGALORE - 560 020 REP BY ITS COMMISSIONER …APPELLANTS (BY SRI BASAVARAJA H T, ADVOCATE)
AND:
1.
SRI B. VIJAYKUMAR AGED ABOUT 71 YEARS
Digitally signed by VASANTHA KUMARY B K Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:25341-DB WA No. 400 of 2025
S/O LATE C. BASAVAIAH R/AT NO.16 NYDILE 1ST MAIN KUVEMPUNAGARA DODDAKALLASANDRA KANAKAPURA ROAD BANGALORE - 560 062
2.
THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT VIKASA SOUDHA BANGALORE - 560 001 …RESPONDENTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE
ORDER DATED 18.08.2023 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.9246/2021 (LA-BDA) AND ALLOW THE WRIT APPEAL BY DISMISSING THE WRIT PETITION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:25341-DB WA No. 400 of 2025
CORAM: HON'BLE MR. V KAMESWAR RAO, ACTING CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI
ORAL JUDGMENT (PER: HON'BLE MR. V KAMESWAR RAO, ACTING CHIEF JUSTICE)
1. On the last date of hearing, i.e., 03.07.2025 we passed the following order:-
"Though a memo for withdrawal has been filed by the appellants, we find that Registry has put an objection on non- payment of Court Fee. Let objection be complied within one week. Re-notify on 10.07.2025."
2.
Learned counsel for the appellants Sri.Basavaraj H T has filed a memo dated 09.07.2025 enclosing therewith a copy of Receipt No.24968/2025-26 dated 03.07.2025 evidencing deposit of Rs.100/- as Court fee.
3. The memo for withdrawal dated 25.03.2025 filed by the
learned counsel for the appellants reads as under:-
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HC-KAR NC: 2025:KHC:25341-DB WA No. 400 of 2025
"Herein, the counsel for the Appellant/BDA begs to submit as under- That the Appellant herein had preferred the above Writ Appeal against the order dated:18/08/2023 in WP No:9246/2021 [LA-BDA]. Later, the matter has been re- examined by the authority. Thereafter, the Chief Law Officer, BDA vide letter dated:12/03/2024 has instructed me to withdraw the above case. The True copy of the letter bearing No: BDA/CLO/1368/ 2024-25 dated:12/03/2025 is herewith produced for the kind perusal of this Hon'ble Court. Wherefore, I pray that the Hon'ble Court may be pleased to permit me to withdraw the above case as not pressed to secure ends of justice."
4. Accordingly, the writ appeal is dismissed as withdrawn. In view of dismissal of the appeal, pending interlocutory applications, if any, do not survive for consideration and they stand accordingly disposed of.
Sd/- (V KAMESWAR RAO) ACTING CHIEF JUSTICE
Sd/- (C M JOSHI) JUDGE
BKV, List No.: 1 Sl No.: 52