Dr Talavane Krishna vs State Of Karnataka on 10 April, 2014

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Karnataka High Court

Dr Talavane Krishna vs State Of Karnataka on 10 April, 2014

Bench: N.K.Patil

                             1




 IN THE HIGH COURT OF KARNATAKA AT BANGALORE

        DATED THIS THE 10TH DAY OF APRIL, 2014

                        :PRESENT:


           THE HON'BLE MR.JUSTICE N.K.PATIL

                            AND

  THE HON'BLE MR.JUSTICE PRADEEP.D.WAINGANKAR

                W.A.Nos. 2787-88 OF 2010
             And 2839-2841 OF 2010 (LA-RES)
Between:

  1. Dr. Talavane Krishna,
     S/o. T. Thimmappaiah,
     Aged about 59 years,
     Talavane Farm, Lalithadripura,
     Mysore-10.

  2. Smt. Anita Krishna,
     W/o. Dr. Talavane Krishna,
     Aged about 45 years,
     Talavane Farm, Lalithadripura,
     Mysore-10.
                                              ...Appellants
(By Sri. G. Krishna Murthy, Advocate)

And :

  1. State of Karnataka,
     Dept. of Urban Development,
     Vidhana Soudha,
     Ambedkar Veedhi,
     Bangalore-1,
     Rep. by its Secretary.
                               2




   2. Mysore Development Authority,
      Jhansi Rani Lakshmi Bai Road,
      Mysore.
      Rep. by its Commissioner.

   3. The Special Land Acquisition Officer,
      Mysore Development Authority,
      Jhansi Rani Lakshmi Bai Road,
      Mysore.
                                              ...Respondents
(By Sri. D. Aswathappa, AGA for R1;
 Sri. P.S. Manjunath, Advocate for R2 & R3;
Sri. Ashok Haranahalli, Sr. Counsel for impleading Applicant
on I.A. I/2011)

     These W.As. are filed under Section 4 of the Karnataka
High Court Act, praying to set aside the Order dated
10/06/2010 passed by this Court in Writ petition
No.12743/2007 (LA-RES).

     These W.As. coming on for           Hearing,   this   day,
N.K.PATIL J., delivered the following:

                   :J U D G M E N T:

The appellants, assailing the correctness of the impugned order dated 10/06/2010 passed by the learned Single Judge in Writ Petition No.12743/2007 (LA-RES), have presented these appeals.

2. Learned counsel Sri. G.Krishna Murthy, appearing for appellants files a memo dated 10.4.2014 3 and the same is taken on record. The said memo reads as under:

"The Appellants respectfully submit that the Appellants may be permitted to withdraw the Writ Petition No.12743/2007 (LA-RES) with a liberty to file fresh petition on the same cause of action to urge all the grounds available under law in the fresh petition, by condoning the delay caused if any in conducting the aforesaid writ petition and the present appeals and dispose of the present appeals in the aforesaid terms, in the interest of justice and equity."

3. In the light of the statements made in the memo and for the reasons stated therein, the writ petition filed by the appellants/petitioners in W.P.No.12743/2007 and the instant writ appeals filed by them are dismissed as withdrawn, reserving liberty to them to file fresh writ petition on the same cause of action within two weeks from the date of receipt of a copy of this judgment.

All the grounds urged in the writ petition are left open.

In view of withdrawal of the writ appeals, the reliefs sought by the appellants in I.A.No. I/2011 and I.A.No.1/2012 do not survive for consideration. Hence, they are disposed off as having become infructuous.

SD/-

JUDGE SD/-

JUDGE tsn*

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