- 1 - HC-KAR NC: 2025:KHC:19815 WP No. 33608 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 33608 OF 2019 (LA-BDA) BETWEEN: SRI. M. SUNIL KUMAR, AGED ABOUT 49 YEARS, S/O SRI.M.MADANLAL JAIN, RESIDING AT FLAT NO.1143, PRESTIGE SOUTH RIDGE APARTMENTS, HOSAKEREHALLI, BANASHANKARI 2ND STAGE, BENGALURU - 560 085. …PETITIONER (BY SMT. SONA VAKKUND, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS CHEIF SECRETARY, VIDHANSOUDHA, BENGALURU - 560 001. 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, (METRO RAIL PROJECT) 1ST FLOOR, ARAVINDA BAHVANA, NRUPATHUNGA ROAD, BENGALURU - 560 001. REPRESENTED BY ITS CHAIRMAN. 3. THE SPECIAL LAND ACQUISITION OFFICER -2, THE KARNATAKA INDUSTRIAL Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19815 WP No. 33608 of 2019 AREA DEVELOPMENT BOARD (METRO RAIL PROJECT), 1ST FLOOR, ARAVINDA BHAVANA, NRUPATHUNGA ROAD, BENGALURU - 560 001. 4. THE BENGALURU DEVELOPMENT AUTHORITY SANKEY ROAD, KUMARAPARK WEST, BENGALURU - 560 020, REPRESENTED BY ITS COMMISSIONER. 5. SMT. PISTA BAI AGED ABOUT 84 YEARS, W/O SRI. M. MADANLAL JAIN, RESIDING AT NO.209, 1ST MAIN ROAD, KEMPEGOWDA NAGAR, GAVIPRUAM GUTTAHALLI MAIN ROAD, BANGALORE - 560 019. 6. SRI. D. JAICHAND AGED ABOUT 65 YEARS, S/O SIR DEPCHAND, 7. SMT. RAJKUMARI AGED ABOUT 65 YEARS, W/O SRI. D. JAICHAND, RESPONDNETS NO.6 AND 7 ARE RESIDING AT NO.26, 6TH CROSS, 8TH MAIN, VASANTHA NAGARA, BENGALURU - 560 052. …RESPONDENTS (BY SMT. RASHMI RAO, HCGP FOR R1; SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R2 AND R3; SMT. M.R. VANAJA, ADVOCATE FOR R4; R6 AND R7 SERVED - UNREPRESENTED) - 3 - HC-KAR NC: 2025:KHC:19815 WP No. 33608 of 2019 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RELEVANT RECORDS, EXAMINE THE SAME QUASH THE PRELIMINARY NOTIFICATION VIDE ANNEXURE-C DATED 21.5.2008 ISSUED BY THE R-4 SO FOR AS THE LAND BEARING SY NO.28 MEASURING TO AN EXTENT OF 6 ACRES 05 GUNTAS, SITUATED AT CHALLAGHATTA VILLAGE, KENGERI-2 HOBLI, BENGALURU SOUTH TALUK AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Learned counsel appearing for the petitioners files a memo seeking withdrawal of the petition. The memo so filed reads as follows: "MEMO FOR DISPOSAL OF WRIT PETITION The Respondents 2 and 3 submit that, the petitioner has filed the above case questioning the acquisition notifications issued under the BDA Act and other reliefs against BDA only. No relief is claimed as against these Respondents but arrayed as parties because of preliminary notifications date 17-01-2019 issued under Section 28(1) of the KIAD Act. These respondents filed their Statement of Objections on 14-02-2020. The contents may kindly be read as part and parcel of this memo to avoid repetition of facts. It is noticed that, the subject land has already been acquired under the BDA Act for formation of Nadaprabhu Kempegowda Layout by the BDA. Therefore, the subject land and other lands included in the preliminary notifications dated 17-01-2019 issued under Section 28(1) of the KIAD Act has been excluded from the Acquisition proceedings by issuing notification under Section 4 of the KIAD Act on 28-10- 2020 by the State Government. The copy of the said - 4 - HC-KAR NC: 2025:KHC:19815 WP No. 33608 of 2019 notification is herewith produced for kind perusal of this Hon'ble Court as such the Writ Petition is not maintainable in so far as these respondents are concerned. Wherefore, this Hon'ble Court be pleased to dismiss the above case in so far as / against the respondents 2 & 3 in the interest of justice and equity." In terms of memo, the petition is disposed as withdrawn. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 4 Sl No.: 6