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2025 DAILYLAW 23513 (KAR)

SRI. RUDRESH V v. STATE OF KARNATAKA

WA/570/2025 · 2025-04-29

K V Aravind, N V Anjaria Cj

body2025

Judgment text

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- 1 - NC: 2025:KHC:17859-DB WA No. 570 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE K. V. ARAVIND WRIT APPEAL NO. 570 OF 2025 (LA-BDA) BETWEEN: SRI. RUDRESH V, S/O LATE SRI. VEERABADRAIAH, AGED ABOUT 38 YEARS, R/AT MUTHAHALLI VILLAGE, DASANAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU URBAN DISTRICT - 562 123. …APPELLANT (BY SRI. M.H. PRAKASH, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, M.S. BUILDING, BENGALURU - 560 001. 2. COMMISSIONER, BENGALURU DEVELOPMENT AUTHORITY, KUMARA PARK (WEST), BENGALURU - 560 020. 3. ADDITIONAL LAND ACQUISITION OFFICER, BENGALURU DEVELOPMENT AUTHORITY, Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - NC: 2025:KHC:17859-DB WA No. 570 of 2025 KUMARA PARK (WEST), BENGALURU - 560 020. 4. DEPUTY COMMISSIONER (LA), BENGALURU DEVELOPMENT AUTHORITY, KUMARA PARK (WEST), BENGALURU - 560 020. 5. SRI. B.M. MARANNA, S/O LATE MARULAPPA, AGED ABOUT 73 YEARS, R/AT NO. 14, 2ND MAIN ROAD, 3RD CROSS, NEAR RAILWAY STATION, KENGERI UPANAGARA, BENGALURU - 560 060. 6. SRI. JAGADISH REDDY, S/O LATE S. GOPAL REDDY, AGED ABOUT 59 YEARS, R/AT NO. 2, 2ND 'E' MAIN ROAD, OMBR LAYOUT, BANASWADI, BENGALURU - 560 043. …RESPONDENTS (BY SRI. S.H. RAGHAVENDRA, AGA FOR R1; SRI. H.T. BASAVARAJA, ADVOCATE FOR R2 TO R4; SRI. N.K. MALLIKARJUNA, ADVOCATE FOR SRI. A. SAMPATH, ADVOCATE FOR C/R6; VIDE ORDER DATED 29.04.2025, NOTICE TO R5 IS DISPENSED WITH) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO a) CALL FOR RECORDS IN WP NO.18550/2023 DISPOSED ON 20/01/2025 ON THE FILE OF THIS HONBLE COURT. b)SET ASIDE THE ORDER DATED 20/01/2025 IN WP NO.18550/2023 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONBLE COURT AND ETC., THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:17859-DB WA No. 570 of 2025 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) When the present appeal comes up for consideration today, learned advocate Mr. M.H. Prakash for the appellant and learned advocate Mr. N.K. Mallikarjuna for learned advocate Mr. A. Sampath for caveator/respondent No.6 jointly stated before the Court that the parties have arrived at a settlement out of Court. 2. Memorandum of Compromise is produced, which is dated 29.04.2025, signed by learned advocate for the appellant as well as by learned advocate for respondent No.6. The settlement is also signed by the parties that is appellant- V. Rudresh and respondent No.6-Jagadish Reddy. 2.1 As far as the other respondents concerned, memo dated 29.04.2025 is taken on record, in which, it is stated as under: "Appellant humbly prays that this Hon'ble Court may be pleased to dispense notice on - 4 - NC: 2025:KHC:17859-DB WA No. 570 of 2025 Respondent No. 5 - Sri.Maranna in the captioned appeal as no relief is claimed against him by the appellant. Further, the grievance of Respondent No. 5 is already addressed by the Learned Single Judge in the impugned order. Hence his presence or party in the captioned appeal in not required. Wherefore, the Appellant humbly prays that this Hon'ble Court may be pleased to dispense the notice on the Respondent No.5 - Sri. Maranna in the present appeal, so as to meet the ends of Justice and Equity." 3. The appellant and respondent No.6 are personally present in the Court today, they are identified by their respective learned advocates. When the Court queried to each of them about the settlement raised by them, they stated that settlement was arrived at voluntarily, without any coercion. 3.1 The settlement deals with the apportionment of the development sites allotted by the Bengaluru Development Authority (BDA). 3.2 Memorandum of Settlement is taken on record. 4. Learned advocate for BDA states that in light of the settlement between the parties as above, the BDA shall proceed to - 5 - NC: 2025:KHC:17859-DB WA No. 570 of 2025 execute the necessary documents and complete the required procedure within three months from today. 5. The parties shall act in accordance with settlement. The impugned judgment and order of learned Single Judge shall stand substituted in terms of settlement. 6. The appeal is disposed of in the aforesaid terms. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE SMJ List No.: 2 Sl No.: 6