Karnataka High Court
Bagalkote Cement And Industries ... vs Bagalkote Town Development Authority on 4 July, 2023
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2023:KHC-D:6601
WP No. 102670 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO. 102670 OF 2018 (LB-RES)
BETWEEN:
BAGALKOTE CEMENT & INDUSTRIES LIMITED,
BAGALKOTE. (FORMERLY CALLED AS
BAGALKOT UDYOG LIMITED)
A COMPANY INCORPORATED UNDER THE
PROVISIONS OF COMPANIES ACT, 1956,
HAVING ITS REGISTERED OFFICE AT
6TH FLOOR, BLOCK NO.1, STADIUM HOUSE,
VEER NARIMAN ROAD, CHURCHGATE,
MUMBAI-400020, R/BY ITS AUTHORISED
SIGNATORY, MANAGER-LEGAL,
MR. ABBAS RAJESAB NIDASESHI,
AGE: 49 YEARS, OCC: MANAGER (LEGAL),
R/O: BAGALKOTE.
...PETITIONER
(BY SRI S.B. HEBBALLI, ADVOCATE)
KM AND:
SOMASHEKAR
High Court of
Karnataka,
Dharwad
1. BAGALKOTE TOWN DEVELOPMENT AUTHORITY,
BAGALKOTE, R/BY ITS CHIEF ENGINEER.
2. M/S. P.R.N. INFRATECH,
CLASS-I CONTRACTOR,
NO.34, BRINDAVANA LAYOUT,
VIDYANAGAR, HUBBALLI-580021,
R/BY ITS GENERAL MANAGER.
...RESPONDENTS
(BY SRI ANAND R. KOLLI, & SRI G.K. HIREGOUDAR, ADVOCATES
FOR R1; SHRI D.V. PATTAR, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
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NC: 2023:KHC-D:6601
WP No. 102670 of 2018
NATURE OF PROHIBITION, PROHIBITING THE RESPONDENT NO.2
FROM PROCEEDING WITH THE CONSTRUCTION AND WIDENING
OF THE APPROACH ROADS FROM APMC TO ANUSHA PETROL PUMP
CIRCLE, ANUSHA PETROL PUMP CIRCLE TO DADDENNAVAR
HOSPITAL CIRCLE AND ANUSHA PETROL PUMP CIRCLE TO
CEMENT FACTORY CIRCLE IN UNIT III, NAVANAGAR BAGALKOT
PURSUANT TO THE WORK ORDER DATED: 04-01-01-2018 ISSUED
BY RESPONDENT NO.1 IN FAVOUR OF RESPONDENT NO.2
BEARING NO.CE/BTDA/PB-2/2017-18/3162, A COPY OF WHICH IS
PRODUCED AS PER ANNEXURE-F2 AND ETC., IN THE INTEREST
OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner files a memo seeking withdrawal of the petition.
2. The memo for withdrawal reads as under;
"1) That the Petitioner has filed the above petition challenging the illegal road widening activities on the petitioner's land without following the due procedure under the lands acquisition Act.
2) Since the State Authority has stopped the widening activities of road on our land, the petitioner wishes to withdraw the petition with a liberty to file fresh petition in case the State Authority again embark on illegal road widening involving our lands.
3) PRAYER: Wherefore, the petitioner humbly prays that the Hon'ble Court be pleased to allow the -3- NC: 2023:KHC-D:6601 WP No. 102670 of 2018 petitioner to withdraw the writ petition with a liberty to file fresh petition in case of recurring of the similar incidence."
3. Placing his submission and memo on record, the writ petition is dismissed as withdrawn reserving liberty to the petitioner to file fresh petition.
Sd/-
JUDGE AM List No.: 1 Sl No.: 2