Karnataka High Court
Amruthesh N P vs The Government Of Karnataka on 6 February, 2020
Author: Ravi Malimath
Bench: Ravi Malimath
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ON THE 6TH DAY OF FEBRUARY, 2020
BEFORE
THE HON'BLE MR. JUSTICE RAVI MALIMATH
AND
THE HON'BLE MR. JUSTICE M.I.ARUN
WRIT PETITION NO.21682 OF 2019 (LB-BMP) PIL
BETWEEN:
AMRUTHESH N P
ADVOCATE, HIGH COURT,
NO.15/1, 1ST FLOOR, 3RD CROSS,
SAMPIGE ROAD,
MALLESHWARAM,
BENGALURU-560 003.
...PETITIONER
(BY SRI AMRUTHESH N.P., PARTY-IN-PERSON)
AND:
1. THE GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA,
DR.AMBEDKAR ROAD,
BENGALURU-560 001,
REPRESENTED BY ITS CHIEF SECRETARY.
2. THE PRINCIPAL SECRETARY
DEPARTMENT OF URBAN DEVELOPMENT,
VIKASA SOUDHA,
2
DR.AMBEDKAR ROAD,
BENGALURU-560 001.
3. THE PRINCIPAL SECRETARY
ADDITIONAL DIRECTOR AND
MEMBER SECRETARY OF URBAN AND
RURAL PLANNING,
BENGALURU-MYSURU
INFRASTRUCTURE CORRIDOR
PLANNING AUTHORITY (BMICPA),
M.S. BUILDING,
DR.AMBEDKAR ROAD,
BENGALURU-560 001.
4. THE COMMISSIONER
BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP)
N.R. SQUARE,
BENGALURU-560 002.
5. THE DEPUTY COMMISSIONER OF BBMP
LAND ACQUISITION & TDR ALLOTMENT,
N.R. SQUARE,
BENGALURU-560 002.
6. SRI C.T. THIMMAIAH
SON OF C. THIMMAIAH,
AGED ABOUT 76 YEARS,
7. SRI C.T. MARIRAJU
SON OF C. THIMMAIAH,
AGED ABOUT 46 YEARS,
BOTH ARE RESIDING AT NO.188/26,
12TH CROSS, 3RD BLOCK,
THYAGARAJANAGAR,
BENGALURU-560 028.
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8. M/S. VENKATESHWARA DEVELOPERS
A REGISTERED PARTNERSHIP FIRM,
HAVING ITS OFFICE AT NO.A1,
NITESH CAMP DAVID, NO.32,
(OLD NO.7A), NETAJI ROAD,
PULIKESHI NAGAR,
BENGALURU-560 005,
REPRESENTED BY ITS
MANAGING PARTNER.
9. M/S. BALAJI INFRASTRUCTURE AND DEVELOPERS
A REGISTERED PARTNERSHIP FIRM,
HAVING ITS OFFICE AT NO.A1,
NITESH CAMP DAVID, NO.32,
(OLD NO.7A), NETAJI ROAD,
PULIKESHI NAGAR,
BENGALURU-560 005,
REPRESENTED BY ITS
MANAGING PARTNER.
...RESPONDENTS
(BY SRI KIRAN KUMAR, HCGP FOR R1 TO R3;
SRI JAGADEESHWARA, ADVOCATE FOR R4 AND R5;
SRI H.G. SHIVANANDA, ADV. FOR R6 & R7 (ABSENT);
SRI S. VIJAY SHANKAR, SENIOR COUNSEL FOR
SRI BRIJESH PATIL, ADVOCATE FOR R8 AND R9)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT OF MANDAMUS TO THE RESPONDENT NO.1
TO WITHDRAW/WITHHOLD THE CONCESSION GIVEN TO
THE RESPONDENT NO.4 AS A ONE TIME MEASURE, IN
LAND ACQUISITION WHICH HAS TAKEN/PASSED IN THE
CABINET MEETING AND ALSO THE CONDITIONS IMPOSED
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FROM THE STATE GOVERNMENT; DIRECT THE
RESPONDENTS NO.1 AND 2 TO INITIATE TO CONDUCT
HIGH LEVEL ENQUIRY COMMITTEE IN THE LAND
ACQUISITION PROCESS AS PER VIDE ANNEXURE-A BY
THE RESPONDENT NO.4 AND PLACE THE SAME BEFORE
THIS HON'BLE COURT FOR FURTHER ACTION AND ETC.
*****
THIS WRIT PETITION COMING ON FOR FINAL
HEARING THIS DAY, RAVI MALIMATH J., PASSED THE
FOLLOWING:
ORDER
A memo is filed by the petitioner - party-in-person in the Court today, seeking leave to withdraw this petition. This is a Public Interest Litigation. The Petition need not be dismissed as withdrawn only because the petitioner proposes to do so. The Court would have to consider whether the public interest subsists or not.
2. On considering the material as well as the orders passed by the learned Single Judge in Writ Petition No.30279 of 2013 and the learned Division in Writ Appeal 5 Nos.600-601 of 2014 and the Hon'ble Supreme Court in Special Leave Petition No.30837 of 2015, we are inclined to accede to the request of the petitioner to withdraw this petition. Hence, this petition is dismissed as withdrawn.
Pending I.As stand rejected.
Sd/-
JUDGE Sd/-
JUDGE Rsk/-