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2025 DAILYLAW 91857 (KAR)

THE COMMISSIONER v. STATE OF KARNATAKA

WA/756/2021 · 2025-11-17

Anu Sivaraman, Vijaykumar A Patil

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:47862-DB W.A. No.756/2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO.756/2021 (LA-BDA) BETWEEN: 1. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST BENGALURU-560 020. 2. THE DEPUTY COMMISSIONER FOR LAND ACQUISITION BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST BENGALURU-560 020. …APPELLANTS (BY SRI. SACHIN B.S. ADV.,) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT M S BUILDING, BENGALURU-560 001. 2. B. MUNIYELLAGAIAH AGED 71 YEARS. 3. PUTTANNA AGED ABOUT 65 YEARS. Digitally signed by RUPA V Location: High Court Of Karnataka - 2 - HC-KAR NC: 2025:KHC:47862-DB W.A. No.756/2021 4. SHIVANNA AGED ABOUT 54 YEARS. ALL ARE SONS OF LATE BOLLAPPA R/AT. HULIMAVU VILLAGE B.G. ROAD, BEGURU HOBLI BENGALURU-560 076. …RESPONDENTS (BY SMT. PRAMODHINI KISHAN, AGA FOR R1 R4 SERVED) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO CALL FOR RECORDS IN WRIT PETITION NO.20175/2014 AND SET ASIDE THE IMPUGNED ORDER PASSED BY THE LEARNED SINGLE JUDGE PASSED IN WP NO.20175/2014 DATED 06.01.2021 & ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This writ appeal is filed challenging the order of the learned Single Judge dated 06.01.2021 passed in W.P.No.20175/2014, wherein, the learned Single Judge has declared the acquisition proceedings of BTM 6th stage has lapsed insofar as Sy.No.17 measuring 1 acre 23 - 3 - HC-KAR NC: 2025:KHC:47862-DB W.A. No.756/2021 guntas situated in Hulimavu Vilalge, Begur Hobli, Bengaluru South Taluk, Bengaluru is concerned. 2. The appellant has filed a memo for withdrawal of the appeal. The memo reads as under: " The appellant most respectfully submits that, pursuant to the directions issued by the Commissioner, Bangalore Development Authority, vide order dated 28.05.2025, and in communication letter dated 29.05.2025 issued by the Law Officer based on the said order dated 28.05.2025 by the Commissioner BDA, it has been decided to withdraw the present writ appeal. The copy of the note sheet dated 28.05.2025 and letter dated 29.05.2025 are produced herewith and marked as document No.1 & 2. In view of the above, the Appellant humbly submits that the Bangalore Development Authority does not wish to prosecute the above writ appeal and seeks permission of this Hon'ble Court to withdraw the same. It is therefore most respectfully prayed that this Hon'ble Court may be please to permit the Appellant to withdraw the writ appeal, in the interest of justice and equity." - 4 - HC-KAR NC: 2025:KHC:47862-DB W.A. No.756/2021 3. The memo is enclosed with the office note dated 28.05.2025 and the communication sent by the Chief Law officer, BDA to the learned counsel for the appellants dated 29.05.2025. 4. It is noticed that the memo has enclosed with the note of the file which indicates that as per the oral direction of the Commissioner, learned counsel for the appellants has filed a memo for withdrawal of WA.No.756/2021 and the said note is proved by the Commissioner on 28.05.2025. The same is taken note of. 5. In view of the aforesaid memo, the appeal is dismissed as withdrawn. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK, List No.: 1 Sl No.: 0