Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:5197 WP No. 9669 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 9669 OF 2018 (LA-BDA) BETWEEN:
1.
SRI K GOPALAKRISHNA S/O LATE V KANNAN, AGED ABOUT 76 YEARS, R/AT NO.14, CORNWELL ROAD CROSS, LANGFORD GARDEN, BENGALURU-560025
2.
SRI K ESHWAR S/O LATE V KANNAN, AGED ABOUT 66 YEARS, R/AT NO.14, CORNWELL ROAD CROSS, LANGFORD GARDEN, BENGALURU-560025
REPRESENTED BY POWER OF ATTORNEY HOLDER SRI A LAKSHMANA, S/O LATE ANNAYAPPA.
AGED ABOUT 82 YEARS, R/AT NO.2/B, POOJARAPPA GARDEN, BASAPPA ROAD, SHANTHINAGAR, BENGALURU-560027 (NOTE:PETITIONER'S NOT CLAIMING SENIOR CITIZEN BENEFITS) …PETITIONERS (BY SRI. JOSE SEBASTIAN, ADVOCATE)
Digitally signed by REKHA R Location: High Court of Karnataka
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NC: 2025:KHC:5197 WP No. 9669 of 2018
AND:
1.
STATE OF KARNATAKA REP BY CHIEF SECRETARY, FOR DEPARTMENT OF URBAN DEVELOPMENT, VIDHANA SOUDHA, BENGALURU-560001
2.
BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560020 BY ITS COMMISSIONER
3.
BRUHAT BANGALORE MAHANAGARA PALIKE CORPORATION BUILDING, N R SQUARE, BENGALURU-560002 REP BY THE COMMISSIONER
4.
ZILLA PARISHAD BENGALURU URBAN KARIYAPPA ROAD, NEAR BANASHANKARI TEMPLE, BANASHANKARI, BENGALURU-560050 REP BY THE CHIEF EXECUTIVE OFFICER
5.
A B M INCORPORATION A REGISTERED PARTNERSHIP FIRM REP BY ITS MANAGING PARTNER MR.MOHAMMED SHAHID, S/O MR MOHAMMED YOUNUS, AGED ABOUT 38 YEARS, HAVING ITS OFFICE AT NO.17/2, NAGAVARA MAIN ROAD, NAGAVARA VILLAGE, KASABA HOBLI, BENGALURU-560045 …RESPONDENTS (BY SRI.SPOORTHY HEGDE.N, HCGP FOR R1;
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NC: 2025:KHC:5197 WP No. 9669 of 2018
SRI.BASAVARAJA H.J, ADVOCATE FOR R2;
SRI.H.DEVENDRAPPA, ADVOCATE FOR R3;
R4 SERVED; V/O DTD: 7/12/23 NOTICE TO R5 D/W)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE BDA TO EXECUTE RE-CONVEYANCE DEED WITH REGARD TO SITE NO.214/A FORMED OUT OF SY.NO.86 OF AKKITHIMMANAHALLI TO AN EXTENT OF 5976 SQ.FT MORE FULLY DESCRIBED IN THE SCHEDULE IN PURSUANCE OF THE RE-CONVEYANCE
ORDER PASSED BY CITB ON 04.09.1961 UNDER THE ORIGINAL OF ANNEXURE-C AS WELL AS RESOLUTION PASSED BY BDA VIDE SUBJECT NO.2038 ON 27.02.1974 UNDER THE ORIGINAL OF ANNEXURE-F AND ETC.,
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
Learned counsel for the petitioners after arguing the matter for sometime submits that he has filed an application - I.A.No.1/2025 seeking to withdraw the writ petition with liberty to pursue the remedy in pending suit in O.S.No.26098/2016.
2.
Learned counsel for the private respondents submits that they have no objections as far as withdrawing of the petition is concerned. However, the liberty as
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NC: 2025:KHC:5197 WP No. 9669 of 2018
sought for would be made subject to permissibility under the law.
3. Submission is taken on record.
4. I.A.No.1/2025 is allowed. The petitioners are permitted to withdraw the petition. Accordingly, the writ petition is dismissed as withdrawn. The petitioners are at liberty to seek such remedy, as may be available and permissible in law.
5.
Learned counsel for the petitioners at this juncture submits that there was an interim protection that was granted to the petitioners directing the parties to maintain status quo. He seeks extension of the same till he makes necessary application before the Court in O.S.No.26098/2016.
6. Submission is taken on record.
7. Interim order granted earlier is extended for a period of 60 days.
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NC: 2025:KHC:5197 WP No. 9669 of 2018
8. Registry to return the original documents, if any, to the petitioners.
9. In view of the withdrawal of petition, all the pending applications stand disposed of.
Sd/- (M.G.S. KAMAL) JUDGE
ASN List No.: 1 Sl No.: 6