- 1 - NC: 2025:KHC:4604 WP No. 23401 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 23401 OF 2018 (BDA) BETWEEN: 1. SRI MITALAL KUMAR GYANENDER S/O MITALAL AGED ABOUT 51 YEARS RESIDING AT NO.219/220 11TH CROSS, WILSON GARDEN BENGALURU - 560027 …PETITIONER (BY SRI. GOUTHAM CHAND S.F., ADVOCATE) AND: 1. THE BENGALURU DEVELOPMENT AUTHORITY REPTD. BY ITS COMMISSIONER BELLARY ROAD BENGALURU - 560 001 2. THE INSPECTOR OF POLICE (VIGILANCE) BENGALURU DEVELOPMENT AUTHORITY BELLARY ROAD BENGALURU - 560 001 3. M/S ICICI BANK LTD REPTD. BY ITS CHIEF MANAGER Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:4604 WP No. 23401 of 2018 BOMMANAHALLI HOSUR MAIN ROAD BENGALURU - 560092 …RESPONDENTS (BY SRI. AJAY KUMAR M., ADVOCATE FOR R1 & R2; SRI. JAI M. PATIL, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NOS.1 & 2 TO PASS ORDERS BY CONSIDERING THE DOCUMENTS PLACED BY THE PETITIONER PURSUANT TO THE DEMAND NOTICE DATED 22.05.2017 VIDE ANNEXURE-D. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER This petition was disposed of vide order dated 16.01.2025 directing the respondent - BDA to consider the reply/documents furnished by the petitioner - 3 - NC: 2025:KHC:4604 WP No. 23401 of 2018 in response to the notice dated 22.05.2017 produced at Annexure D. 2. Learned counsel appearing for the petitioner has moved a memo for 'being spoken to' and submits that subsequent to filing of the writ petition, the respondent - BDA had filed a suit in O.S.No.321/2021 seeking relief of declaration. The plaint in the said suit has been rejected at the instance of the petitioner. However, the order disposing the writ petition directing the respondent - BDA to consider the representation of the petitioner would cause hardship to the petitioner in view of the dismissal of the suit. 3. Learned counsel appearing for the petitioner therefore submits that the petitioner be permitted to withdraw the writ petition and files a memo to that effect. Memo so filed reads as under: "MEMO FOR WITHDRAWAL The Petitioner most respectfully submits that in view of the filing of O.S. No. 321/ 2021 by the - 4 - NC: 2025:KHC:4604 WP No. 23401 of 2018 Respondent, Bengaluru Development Authority (BDA) for the relief of Declaration and Consequential relief, and the subsequent rejection of the plaint in the above said O.S. No.321/2021, vide Order dated 26/11/2021 passed by the Hon'ble XLI Additional Civil and Sessions Judge, Bengaluru (CC-42), the instant Writ Petition has become infructuous. That being the case this Hon'ble Court be pleased to permit the Petitioner to withdraw the above Petition, in the interest of justice and equity." 4. Memo is taken on record. 5. For the aforesaid circumstances, the order dated 16.01.2025 is recalled. The petition is dismissed as withdrawn. SD/- (M.G.S. KAMAL) JUDGE SJK List No.: 1 Sl No.: 3