Karnataka High Court
Pushpa Rai vs Bangalore Development Authority on 10 July, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC:25152
WP No. 43945 of 2018
C/W WP No. 45651 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 43945 OF 2018 (BDA)
C/W
WRIT PETITION NO. 45651 OF 2018 (BDA)
IN WP No. 43945/2018
BETWEEN:
1. PUSHPA RAI
AGED ABOUT 62 YEARS
W/O LATE RAMESH RAI
SHOP PREMISES NOS.37 & 22
BDA INDIRANAGAR SHOPPING COMPLEX
BENGALURU - 560 038.
2. SPECTRA FOODS
Digitally signed REPRESENTED BY ITS
by NAGAVENI
MANAGING PARTNER
Location: High
Court of B.R.HARISH
Karnataka AGED ABOUT 66 YEARS
S/O B.A.RAMAPPA GOWDA
SPECTRA FOOD, SHOP NOS. 27 & 28
BDA INDIRANAGAR, SHOPPING COMPLEX
BENGALURU - 560 038.
3. GOWRU BAI
AGED ABOUT 63 YEARS
W/O G.SURESH
SHOP NO.1, BDA
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WP No. 43945 of 2018
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INDIRANAGAR SHOPPING COMPLEX
BENGALURU - 560 038.
4. G.R.HANUMANTHA RAO
AGED ABOUT 71 YEARS
S/O LATE RAMACHANDRA RAO
SHOP NO.2, BDA
INDIRANAGAR SHOPPING COMPLEX
BENGALURU - 560 038.
5. MOOSA RAZA SAHEIB & SONS
REPRESENTED BY ITS PARTNER
YASMIN SAIGAL, SHOP NO.55
BDA INDIRANAGAR SHOPPING COMPLEX
BENGALURU - 560 038.
6. CHIU YUNG CHEN (SINCE DECEASED)
BY HIS WIFE SOLE LEGAL HEIR
CHUNG TAO YUN
AGED ABOUT 50 YEARS
SHOP NO.56, BDA
INDIRANAGAR SHOPPING COMPLEX
BENGALURU - 560 038.
7. R.K.BALU
AGED ABOUT 78 YEARS
S/O LATE RENGASAMI
SHOP NO.76, BDA
INDIRANAGAR SHOPPING COMPLEX
BENGALURU - 560 038.
...PETITIONERS
(BY SMT. VATSALA SAMPAT, ADVOCATE AND
SRI ASHOK MESTA, ADVOCATE)
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WP No. 43945 of 2018
C/W WP No. 45651 of 2018
HC-KAR
AND:
1. BANGALORE DEVELOPMENT AUTHORITY
REPRESENTED BY ITS COMMISSIONER
T.CHOWDAIAH ROAD
KUMARA PARK WEST
BENGALURU - 560 001.
2. THE REVENUE OFFICER
BANGALORE DEVELOPMENT AUTHORITY
HSR LAYOUT COMMERCIAL COMPLEX
BENGALURU - 560 102.
3. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF URBAN DEVELOPMENT
M.S.BUILDING, BENGALURU - 560 001.
4. M/S. M.K.EMBASSY LAND DEVELOPERS
PVT. LIMITED
REPRESENTED BY ITS
MANAGING DIRECTOR
EMBASSY POINT 150, INFANTRY ROAD
BENGALURU - 560 001.
5. M/S. MAVERICK HOLDINGS &
INVESTMENTS PVT. LTD.,
REPRESENTED BY ITS
MANAGING DIRECTOR
EMBASSY POINT 150, INFANTRY ROAD
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI SACHIN B. S., ADVOCATE FOR R1 AND R2;
SMT. RASHMI RAO, HCGP FOR R3;
SRI SANJAY NAIR, ADVOCATE FOR R4;
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WP No. 43945 of 2018
C/W WP No. 45651 of 2018
HC-KAR
SMT. SUREKHA N., ADVOCATE FOR R5)
THIS W.P FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT TO THE EFFECT
THAT THE RESOLUTION OF THE R-1 DTD 27.3.2018 BEARING
NO.92/2018 VIDE ANNEXURE-A ON THE SUBJECT OF
RELOCATION AND REHABILITATION OF THE EXISTING
TENANTS IN THE INDIRANAGAR COMMERCIAL COMPLEX
BELONGING TO THE R-1 AUTHORITY IS TOTALLY ILLEGAL,
UNJUST, ARBITRARY, ILLUSORY AND HAS ADMITTEDLY BEEN
PASSED BEHIND THE BACK OF THE PETITIONER AND OTHER
TENANTS OF THE SAID COMPLEX i.e., IN UTTER VIOLATION OF
THE PRINCIPLES OF NATURAL JUSTICE.
IN WP NO. 45651/2018
BETWEEN:
1. IRSHAD AHAMMED
AGED ABOUT 54 YEARS
S/O LATE MOHAMMED CHAND PASHA
SHOP PREMISES NOS.13
BDA INDIRANAGAR SHOPPING COMPLEX
BENGALURU - 560 038.
2. SYED SALIM AHMED
AGED ABOUT 63 YEARS
S/O HAJI SYED
SHOP PREMISES NOS.53
BDA INDIRANAGAR SHOPPING COMPLEX
BENGALURU - 560 038.
3. R.VIJAY KUMAR
REPRESENTED BY ITS GPA HOLDER
JAFFER AYUB
AGED ABOUT 66 YEARS
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HC-KAR
S/O AYUB SAIT
SHOP NO.80
BDA INDIRANAGAR SHOPPING COMPLEX
BENGALURU - 560 038.
4. SUNDRAMMA (SINCE DECEASED)
REPRESENTED BY HER LEGAL HEIR
G.SELVA KUMAR
AGED ABOUT 52 YEARS
SHOP NO.15, BDA
INDIRANAGAR SHOPPING COMPLEX
BENGALURU - 560 038.
5. S.VENKATESH
AGED ABOUT 65 YEARS
SHOP NO.42, BDA
INDIRANAGAR SHOPPING COMPLEX
BENGALURU - 560 038.
6. N.UDAY SHANKAR AND SHYLAJA
AGED ABOUT 49 YEARS
SHOP NO.50, BDA
INDIRANAGAR SHOPPING COMPLEX
BENGALURU - 560 038.
7. PRAPULLA V.SHETTY
AGED ABOUT 72 YEARS
W/O K.N.VITTAL SHETTY
SHOP NO.47
BDA SHOPPING COMPLEX
INDIRANAGAR
BENGALURU - 560 038.
...PETITIONERS
(BY SMT. VATSALA SAMPAT, ADVOCATE AND
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WP No. 43945 of 2018
C/W WP No. 45651 of 2018
HC-KAR
SRI ASHOK MESTA, ADVOCATE)
AND:
1. BANGALORE DEVELOPMENT AUTHORITY
REPRESENTED BY ITS COMMISSIONER
T.CHOWDAIAH ROAD
KUMARA PARK WEST
BENGALURU - 560 001.
2. THE REVENUE OFFICER
BANGALORE DEVELOPMENT AUTHORITY
H.S.R.LAYOUT, COMMERCIAL COMPLEX
BENGALURU - 560 102.
3. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF URBAN DEVELOPMENT
M.S.BUILDING, BENGALURU - 560 001.
4. M/S. M.K.EMBASSY
LAND DEVELOPMENT PVT. LIMITED
REPRESENTED BY ITS MANAGING DIRECTOR
EMBASSY POINT 150, INFANTRY ROAD
BENGALURU - 560 001.
5. M/S. MAVERICK HOLDINGS &
INVESTMENTS PVT. LTD.,
REPRESENTED BY ITS MANAGING DIRECTOR
EMBASSY POINT 150, INFANTRY ROAD
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI SACHIN B. S., ADVOCATE FOR R1 AND R2;
SMT. RASHMI RAO, HCGP FOR R3;
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WP No. 43945 of 2018
C/W WP No. 45651 of 2018
HC-KAR
SRI SANJAY NAIR, ADVOCATE FOR R4 AND R5)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT IN THE NATURE OF DECLARATION OR ANY OTHER
APPROPRIATE WRIT, ORDER OR DIRECTION TO THE
EFFECT THAT THE RESOLUTION OF THE 1ST RESPONDENT
DATED 27/03/2018 BEARING NO.92/2018 VIDE
ANNEXURE-A ON THE SUBJECT OF RELOCATION AND
REHABILITATION OF THE EXISTING TENANTS IN THE
INDIRANAGAR COMMERCIAL COMPLEX BELONGING TO THE
1ST RESPONDENT AUTHORITY, IS TOTALLY ILLEGAL,
UNJUST, ARBITRARY, ILLUSORY AND HAS ADMITTEDLY
BEEN PASSED BEHIND THE BACK OF THE PETITIONERS
AND OTHER TENANTS OF THE SAID COMPLEX i.e., IN
UTTER VIOLATION OF THE PRINCIPLES OF NATURAL
JUSTICE.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
Learned counsel for the petitioners files separate memos seeking permission to withdraw the petitions.
2. One of the memos filed in W.P.No.43945/2018 reads as follows:
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NC: 2025:KHC:25152 WP No. 43945 of 2018 C/W WP No. 45651 of 2018 HC-KAR "MEMO FOR WITHDRAWAL OF THE ABOVE PETITIONS FILED BY THE PETITIONERS The undersigned, i.e., the counsel representing the petitioners, has instructions to report before this Hon'ble Court that in furtherance of the out of court settlement arrived at between the parties to this petition along with their authorized representatives, the subject matter of dispute involved in the above petition would not survive for consideration at this stage and as such petitioners herein have voluntarily given up their respective legal rights over the subject matter of properties / premises involved in the above petition. In that light, the petitioners herein both jointly and severally do not propose to prosecute the above petitions on merits. Hence the above petitions may kindly be ordered to be dismissed as withdrawn as having been settled out of court. Hence this Memo of Withdrawal."
In terms of the memo, the writ petitions are disposed as withdrawn.
Sd/-
(M.NAGAPRASANNA) JUDGE NVJ List No.: 2 Sl No.: 2 CT:SS