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2025 DAILYLAW 60254 (KAR)

M/S.YASHAWI TOWNSHIP PROJECTS PVT. LTD., v. THE SECRETARY

WP/110470/2019 · 2025-08-18

Suraj Govindaraj

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:10379 WP No. 110470 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 110470 OF 2019 (LB-RES) BETWEEN: M/S.YASHAWI TOWNSHIP PROJECTS PVT. LTD., NO.1432/2, SNR ARCADE, IV FLOOR, PIPELINE ROAD, NEAR MAGADI ROAD TOLLGATE, VIJAYANAGAR, BENGALURU-560 0400 REPRESENTED BY ITS MANAGING DIRECTOR SRI. ANNASAHEB SHIVANAGOUDA PATIL S/O. SHIVANAGOUDA PATIL, AGED ABOUT 55 YEARS, R/O. NO.3, "SHREYAS BUILDING", I FLOOR, 15TH MAIN ROAD, NHCS LAYOUT, BASAVESHWARA NAGAR, BENGALURU-560 079. …PETITIONER (BY SRIYUTHS. M V HIREMATH AND V S KALASURMATH, ADVOCATES) AND: 1. THE SECRETARY DEPARTMENT OF URBAN DEVELOPMENT, GOVERNMENT OF KARNATAKA, M S BUILDING, BENGALURU-560 001. 2. THE COMMISSIONER KOPPAL URBAN DEVELOPMENT AUTHORITY, Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10379 WP No. 110470 of 2019 KOPPAL, KOPPAL DISTRICT. …RESPONDENTS (BY SRIYUTHS. RAMESH B. CHIGARI, AGA FOR R1; RAJASHEKAR R. GUNJALLI, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I) QUASH THE IMPUGNED LETTER DATED 27.02.2019 ISSUED BY RESPONDENT NO.2 NO.KONAPRA/TANTRIKA/MAHATI/438/2018-19 AS PER ANNEXURE-H.II) DIRECT THE RESPONDENTS TO GRANT PERMISSION TO ALIENATE 40% OF THE SITES FORMED OUT OF 232 SITES IN SURVEY NOS.246/1 & 246/2 TOTALLY MEASURING 17 ACRES 05 GUNTAS SITUATED AT KOPPAL AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i) Quash the impugned letter dated 27.02.2019 issued by respondent no.2 no.KoNaPra/tantrika/mahiti/438/2018-19 as per Annexure-H by issue of writ in the nature of certiorari or any other writ or direction as the case may be. ii) Direct the Respondents to grant permission to alienate 40% of the sites formed out of 232 sites in Survey Nos.246/1 & 246/2 totally measuring 17 acres 05 guntas situated at Koppal. - 3 - HC-KAR NC: 2025:KHC-D:10379 WP No. 110470 of 2019 iii) To grant such other relief/s as deems fit in the circumstances of the case and allow the writ petition with costs in the interest of justice and equity. 2. Learned counsel for the petitioner files a memo, which reads as under: The Counsel for the Petitioner prays that this Hon’ble Court may be pleased to order permitting the Petitioner to withdraw the above writ petition as the Respondents have issued the circular dated 07.10.2021 in notification no DPL36 shasana 2021 granting the relief sought in the above writ petition. As such the writ petition has become infructous. Accordingly the same may be permitted to withdrawn the same in the interest of justice and equity. 3. The Memo is placed on record. Accordingly, the writ petition is dismissed as withdrawn. Sd/- (SURAJ GOVINDARAJ) JUDGE VB/CT:PA/LIST NO.: 2 SL NO.: 3