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2025 DAILYLAW 20665 (KAR)

PUSHPA RAI v. BANGALORE DEVELOPMENT AUTHORITY

WP/43945/2018 · 2025-07-10

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:25152 WP No. 43945 of 2018 C/W WP No. 45651 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 43945 OF 2018 (BDA) C/W WRIT PETITION NO. 45651 OF 2018 (BDA) IN WP No. 43945/2018 BETWEEN: 1. PUSHPA RAI AGED ABOUT 62 YEARS W/O LATE RAMESH RAI SHOP PREMISES NOS.37 & 22 BDA INDIRANAGAR SHOPPING COMPLEX BENGALURU - 560 038. 2. SPECTRA FOODS REPRESENTED BY ITS MANAGING PARTNER B.R.HARISH AGED ABOUT 66 YEARS S/O B.A.RAMAPPA GOWDA SPECTRA FOOD, SHOP NOS. 27 & 28 BDA INDIRANAGAR, SHOPPING COMPLEX BENGALURU - 560 038. 3. GOWRU BAI AGED ABOUT 63 YEARS W/O G.SURESH SHOP NO.1, BDA Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25152 WP No. 43945 of 2018 C/W WP No. 45651 of 2018 INDIRANAGAR SHOPPING COMPLEX BENGALURU - 560 038. 4. G.R.HANUMANTHA RAO AGED ABOUT 71 YEARS S/O LATE RAMACHANDRA RAO SHOP NO.2, BDA INDIRANAGAR SHOPPING COMPLEX BENGALURU - 560 038. 5. MOOSA RAZA SAHEIB & SONS REPRESENTED BY ITS PARTNER YASMIN SAIGAL, SHOP NO.55 BDA INDIRANAGAR SHOPPING COMPLEX BENGALURU - 560 038. 6. CHIU YUNG CHEN (SINCE DECEASED) BY HIS WIFE SOLE LEGAL HEIR CHUNG TAO YUN AGED ABOUT 50 YEARS SHOP NO.56, BDA INDIRANAGAR SHOPPING COMPLEX BENGALURU - 560 038. 7. R.K.BALU AGED ABOUT 78 YEARS S/O LATE RENGASAMI SHOP NO.76, BDA INDIRANAGAR SHOPPING COMPLEX BENGALURU - 560 038. …PETITIONERS (BY SMT. VATSALA SAMPAT, ADVOCATE AND SRI ASHOK MESTA, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:25152 WP No. 43945 of 2018 C/W WP No. 45651 of 2018 AND: 1. BANGALORE DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER T.CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU - 560 001. 2. THE REVENUE OFFICER BANGALORE DEVELOPMENT AUTHORITY HSR LAYOUT COMMERCIAL COMPLEX BENGALURU - 560 102. 3. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF URBAN DEVELOPMENT M.S.BUILDING, BENGALURU - 560 001. 4. M/S. M.K.EMBASSY LAND DEVELOPERS PVT. LIMITED REPRESENTED BY ITS MANAGING DIRECTOR EMBASSY POINT 150, INFANTRY ROAD BENGALURU - 560 001. 5. M/S. MAVERICK HOLDINGS & INVESTMENTS PVT. LTD., REPRESENTED BY ITS MANAGING DIRECTOR EMBASSY POINT 150, INFANTRY ROAD BENGALURU - 560 001. …RESPONDENTS (BY SRI SACHIN B. S., ADVOCATE FOR R1 AND R2; SMT. RASHMI RAO, HCGP FOR R3; SRI SANJAY NAIR, ADVOCATE FOR R4; - 4 - HC-KAR NC: 2025:KHC:25152 WP No. 43945 of 2018 C/W WP No. 45651 of 2018 SMT. SUREKHA N., ADVOCATE FOR R5) THIS W.P FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO THE EFFECT THAT THE RESOLUTION OF THE R-1 DTD 27.3.2018 BEARING NO.92/2018 VIDE ANNEXURE-A ON THE SUBJECT OF RELOCATION AND REHABILITATION OF THE EXISTING TENANTS IN THE INDIRANAGAR COMMERCIAL COMPLEX BELONGING TO THE R-1 AUTHORITY IS TOTALLY ILLEGAL, UNJUST, ARBITRARY, ILLUSORY AND HAS ADMITTEDLY BEEN PASSED BEHIND THE BACK OF THE PETITIONER AND OTHER TENANTS OF THE SAID COMPLEX i.e., IN UTTER VIOLATION OF THE PRINCIPLES OF NATURAL JUSTICE. IN WP NO. 45651/2018 BETWEEN: 1. IRSHAD AHAMMED AGED ABOUT 54 YEARS S/O LATE MOHAMMED CHAND PASHA SHOP PREMISES NOS.13 BDA INDIRANAGAR SHOPPING COMPLEX BENGALURU - 560 038. 2. SYED SALIM AHMED AGED ABOUT 63 YEARS S/O HAJI SYED SHOP PREMISES NOS.53 BDA INDIRANAGAR SHOPPING COMPLEX BENGALURU - 560 038. 3. R.VIJAY KUMAR REPRESENTED BY ITS GPA HOLDER JAFFER AYUB AGED ABOUT 66 YEARS - 5 - HC-KAR NC: 2025:KHC:25152 WP No. 43945 of 2018 C/W WP No. 45651 of 2018 S/O AYUB SAIT SHOP NO.80 BDA INDIRANAGAR SHOPPING COMPLEX BENGALURU - 560 038. 4. SUNDRAMMA (SINCE DECEASED) REPRESENTED BY HER LEGAL HEIR G.SELVA KUMAR AGED ABOUT 52 YEARS SHOP NO.15, BDA INDIRANAGAR SHOPPING COMPLEX BENGALURU - 560 038. 5. S.VENKATESH AGED ABOUT 65 YEARS SHOP NO.42, BDA INDIRANAGAR SHOPPING COMPLEX BENGALURU - 560 038. 6. N.UDAY SHANKAR AND SHYLAJA AGED ABOUT 49 YEARS SHOP NO.50, BDA INDIRANAGAR SHOPPING COMPLEX BENGALURU - 560 038. 7. PRAPULLA V.SHETTY AGED ABOUT 72 YEARS W/O K.N.VITTAL SHETTY SHOP NO.47 BDA SHOPPING COMPLEX INDIRANAGAR BENGALURU - 560 038. ...PETITIONERS (BY SMT. VATSALA SAMPAT, ADVOCATE AND - 6 - HC-KAR NC: 2025:KHC:25152 WP No. 43945 of 2018 C/W WP No. 45651 of 2018 SRI ASHOK MESTA, ADVOCATE) AND: 1. BANGALORE DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER T.CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU - 560 001. 2. THE REVENUE OFFICER BANGALORE DEVELOPMENT AUTHORITY H.S.R.LAYOUT, COMMERCIAL COMPLEX BENGALURU - 560 102. 3. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF URBAN DEVELOPMENT M.S.BUILDING, BENGALURU - 560 001. 4. M/S. M.K.EMBASSY LAND DEVELOPMENT PVT. LIMITED REPRESENTED BY ITS MANAGING DIRECTOR EMBASSY POINT 150, INFANTRY ROAD BENGALURU - 560 001. 5. M/S. MAVERICK HOLDINGS & INVESTMENTS PVT. LTD., REPRESENTED BY ITS MANAGING DIRECTOR EMBASSY POINT 150, INFANTRY ROAD BENGALURU - 560 001. ...RESPONDENTS (BY SRI SACHIN B. S., ADVOCATE FOR R1 AND R2; SMT. RASHMI RAO, HCGP FOR R3; - 7 - HC-KAR NC: 2025:KHC:25152 WP No. 43945 of 2018 C/W WP No. 45651 of 2018 SRI SANJAY NAIR, ADVOCATE FOR R4 AND R5) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF DECLARATION OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO THE EFFECT THAT THE RESOLUTION OF THE 1ST RESPONDENT DATED 27/03/2018 BEARING NO.92/2018 VIDE ANNEXURE-A ON THE SUBJECT OF RELOCATION AND REHABILITATION OF THE EXISTING TENANTS IN THE INDIRANAGAR COMMERCIAL COMPLEX BELONGING TO THE 1ST RESPONDENT AUTHORITY, IS TOTALLY ILLEGAL, UNJUST, ARBITRARY, ILLUSORY AND HAS ADMITTEDLY BEEN PASSED BEHIND THE BACK OF THE PETITIONERS AND OTHER TENANTS OF THE SAID COMPLEX i.e., IN UTTER VIOLATION OF THE PRINCIPLES OF NATURAL JUSTICE. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Learned counsel for the petitioners files separate memos seeking permission to withdraw the petitions. 2. One of the memos filed in W.P.No.43945/2018 reads as follows: - 8 - HC-KAR NC: 2025:KHC:25152 WP No. 43945 of 2018 C/W WP No. 45651 of 2018 “MEMO FOR WITHDRAWAL OF THE ABOVE PETITIONS FILED BY THE PETITIONERS The undersigned, i.e., the counsel representing the petitioners, has instructions to report before this Hon'ble Court that in furtherance of the out of court settlement arrived at between the parties to this petition along with their authorized representatives, the subject matter of dispute involved in the above petition would not survive for consideration at this stage and as such petitioners herein have voluntarily given up their respective legal rights over the subject matter of properties / premises involved in the above petition. In that light, the petitioners herein both jointly and severally do not propose to prosecute the above petitions on merits. Hence the above petitions may kindly be ordered to be dismissed as withdrawn as having been settled out of court. Hence this Memo of Withdrawal.” In terms of the memo, the writ petitions are disposed as withdrawn. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 2 Sl No.: 2 CT:SS