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2025 DAILYLAW 76677 (KAR)

R NISAR AHMED v. THE STATE OF KARNATAKA

WP/40028/2017 · 2025-11-26

R Nataraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:49273 WP No. 40028 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 40028 OF 2017 (LB-BMP) BETWEEN: 1. R NISAR AHMED S/O R. NOOR AHMED SAHEB, AGED ABOUT 50 YEARS, NO.131, B.S.A.ROAD, TANNERY ROAD, FRAZER TOWN, BENGALURU-560005 2. RAHAMATH BEE @ RAHAMATH UNNISA W/O R. ABDUL KAMAL, AGED ABOUT 56 YEARS, NO.37/1, B.S.A. ROAD, TANNERY ROAD, FRAZER TOWN, BENGALURU-560005 3. BASHEER AHMED S/O LATE R. MOHAMED ISMAIL, AGED ABOUT 52 YEARS, NO.58, TANNERY ROAD, FRAZER TOWN, BENGALURU-560005 4. FARIDA BEGUM W/O MUNEER PASHA, AGED ABOUT 64 YEARS, NO.24, B.S.A.ROAD, TANNERY ROAD, FRAZER TOWN, BENGALURU-560005 5. JAVED PASHA S/O A K RAHIM, AGED ABOUT 62 YEARS, NO.6/142, B.S.A.ROAD, TANNERY ROAD, FRAZER TOWN, BENGALURU-560005 Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49273 WP No. 40028 of 2017 6. P.P. SAJITHA W/O NASIR M P AGED ABOUT 37 YEARS, NO.24, B.S.A ROAD, TANNERY ROAD, FRAZER TOWN, BENGALURU-560005 7. UBEDULLA KHAN @ PYAREJAN S/O LATE SATTAR KAHN, AGED ABOUT 79 YEARS, NO.725, B.S.A ROAD, TANNERY ROAD, FRAZER TOWN, BENGALURU-560005 8. ABDUL KHADEER AGED ABOUT 60 YEARS, S/O MOHAMMAD ALI, NO.2/138, B.S.A ROAD, TANNERY ROAD, FRAZER TOWN, BENGALURU-560005 9. MUMTAZ BEGUM AGED ABOUT 62 YEARS, W/O K.M. BASHEER AHMED, NO.123, B.S.A. ROAD, TANNERY ROAD, FRAZER TOWN, BENGALURU-560005 10. K. JOHNSON AGED ABOUT 55 YEARS, S/O KULANTHI SWAMY, NO.126, B.S.A ROAD, TANNERY ROAD, FRAZER TOWN, BENGALURU-560005 11. R. KAMARUNNISSA AGED ABOUT 54 YEARS, W/O MOHAMED ISMAIL, NO.142/1, B.S.A ROAD, TANNERY ROAD, FRAZER TOWN, BENGALURU-560005 - 3 - HC-KAR NC: 2025:KHC:49273 WP No. 40028 of 2017 12. B. PYARU AGED ABOUT 60 YEARS, S/O BABA SAB, NO.130, NAGAWARA ROAD, KADUGUNDANAHALLI, AC POST, BANGALORE-560045 …PETITIONERS (BY SRI. SHANMUKHAPPA, ADVOCATE (ABSENT)) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF URBAN AND DEVELOPMENT, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BANGALORE-560001 2. THE COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE, N.R SQUARE, BANGALORE-560002 3. ADDITIONAL COMMISSIONER EAST ZONE, BRUHAT BENGALURU MAHANAGAR PALIKE, RESIDENCY ROAD, MAYO HALL, BENGALURU-560001 …RESPONDENTS (BY SRI. B. BOPANNA, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NO.1; SRI. T.M.VENKATAREDDY, ADVOCATE FOR RESPONDENT NOS.2 AND 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION DATED 10.7.2017 ISSUED BY RESPONDENT NO.2 ISSUED U/S.14-B OF THE KARNATAKA TOWN AND COUNTRY PLANNING ACT, 1961 AND RULE 3 OF THE KARNATAKA TOWN AND COUNTRY PLANNING (BENEFIT OF DEVELOPMENT RIGHTS) RULES, 2016 IN DECCAN HERALD DATED 10.07.2017 VIDE ANNEXURE-A BEARING NO.BBMP/RWD/TDR/03/2017-18 THEREBY NOTIFYING THE - 4 - HC-KAR NC: 2025:KHC:49273 WP No. 40028 of 2017 PROPERTIES FOR ROAD WIDENING FROM MADHAVA MUDALIYAR ROAD TO OUTER RING ROAD IN SO FAR AS PETITIONERS ARE CONCERNED. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER There is no representation for the petitioners. On the last date, the learned counsel for the petitioners proposed to retire from the case and a memo filed for retirement was rejected. Hence, this petition is dismissed for non-prosecution. Sd/- (R. NATARAJ) JUDGE PMR List No.: 1 Sl No.: 48