Karnataka High Court
M/S Mico Naukarara Gruha Nirmana ... vs State Of Karnataka on 28 June, 2022
Author: Alok Aradhe
Bench: Alok Aradhe
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE 2022
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MS.JUSTICE J.M.KHAZI
WRIT PETITION NO.194 OF 2022 (BDA)
BETWEEN:
M/S MICO NAUKARARA GRUHA
NIRMANA SAHAKARA SANGHA NIYAMITHA
FORMERLY KNOWN AS
BANGLAORE MICO SHRAMA JEEVI
KARMIKARA SAHAKRA
SANGHA NIYAMAITHA
WITH REGISTRATION NUMBER AS
JRB/RSR/RGN/15/RCS/690/71=72
DATED 28-07-1972
HAVING ITS
REGISTERED OFFICE AT NO.341/24/1
OPP ULUCHUKAMNE CHOULTRY
8TH CROSS, WILSON GARDEN
BANGALORE - 560027
REPRESENTED BY ITS AUTHORISED
SIGNATORY AND PRESIDENT
SHRI S B SHIVAKUMRAIAH
... PETITIONER
(BY. SRI SHYAM KOUNDINYA A.S. ADVOCATE)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT
MULTISTORIED BUIDLING
DR AMBEDKAR VEEDHI
BANGLAORE - 560001
REPRESENTED BY ITS CHIEF SECRETARY
2
2. BANGALORE DEVELOPMENT AUTHORITY
HAVING ITS REGISTERED OFFICE AT
T CHOWDAIAH ROAD
KUMARA PARK (WEST)
BANGALORE - 560027
REPRESENTED BY ITS COMMISSIONER
3. TOWN PLANNING MEMBER
BANGALORE DEVELOPMENT AUTHORITY
OFFICE OF THE BANGALORE DEVELOPMENT
AUTHORITY
T CHOWDAIAH ROAD
KUMARA PARK (WEST)
BANGALORE - 560027
... RESPONDENTS
(BY SMT. VANI H, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING
TO 1) ISSUE A WRIT OF CERTIORARI OR SUCH OTHER
WRIT, QUASHING THE GAZETTE NOTIFICATION DATED
25.02.2020 BEARING REFERENCE NO. UDD 3 TTP 2015
BY THE RESPONDENT NO. 1 AT ANNEXURE - A
HOLDING IT AS ILLEGAL AND VOID AND THE
CONSEQUENT AMENDMENTS. 2) AND QUASHING THE
CIRCULAR DATED 14.08.2020 BEARING REFERENCE
NO.BDA/COMMISSIONER/NOC/CCF-344/487/2013-14
/2020-21 AT ANNEXURE - B ISSUED BY THE
RESPONDENT NO. 2. 3) AND QUASHING THE DEMAND
NOTICE DATED 16.03.2021 BEARING REFERENCE
NO.BDA.NOC/PRL-36/1191/20-21AT BY THE
RESPONDENT NO. 3 ANNEXURE - C AND GRANT SUCH
OTHER RELIEF/S AS THIS HON BLE COURT DEEMS FIT
TO GRANT IN THE CIRCUMSTANCES INCLUDING
ALLOWING THE WRIT PETITION WITH COSTS AND
DIRECTING THE RESPONDENT NO.2 AND 3 TO REFUND
THE AMOUNT OF RS.80,00,000/- TOGETHER WITH
INTEREST AT THE RATE OF 18% P.A. FROM THE DATES
OF DEPOSIT TILL REPAYMENT IN FULL TO THE
PETITIONER IN THE INTERESTS OF JUSTICE.
3
THIS WRIT PETITION COMING ON FOR
PRELIMINARY HEARING, THIS DAY, ALOK ARADHE J.,
MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner seeks leave of this Court to withdraw the writ petition with liberty to file a fresh writ petition, if so advised.
The aforesaid submission is taken on record.
Accordingly, the writ petition is dismissed as withdrawn with liberty as aforesaid.
Sd/-
JUDGE Sd/-
JUDGE Mds/-