The High Court of Karnataka dismissed the writ petition against an endorsement and approved layout plan by SITTING QUIETLY as it was withdrawn by the petitioner with liberty to challenge the plan at the appropriate forum.
Petition dismissed as withdrawn; liberty reserved to challenge approved layout plan before appropriate forum.
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1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON’BLE Mr. JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION No.2567/2022 (LB-RES)
BETWEEN :
SRI. G. KESHAVA MURTHY, S/O P.GOVINDASWAMY, AGED ABOUT 50 YEARS, R/AT SHAKTHI NILAYA, RAILWAY STATION ROAD, GANDHINAGAR, TUMKUR – 571 101.
...PETITIONER
(BY SRI.RAMESH K.R., ADV.)
AND :
2
...RESPONDENTS
(BY SRI.R.SRINIVASA GOWDA, AGA FOR R1; SRI.T.P.VIVEKANANDA, ADV., FOR R2 AND R3; SRI.M.R.NAGABHUSHANA, ADV., FOR R4 TO R8)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 30.07.2021 AT ANNEXURE-F ISSUED BY THE 2ND RESPONDENT AND ALSO QUASHING THE IMPUGNED APPROVED LAYOUT PLAN DATED 03.08.2021 APPROVED IN FAVOUR OF THE RESPONDENTS NO.4 TO 8 FOR FORMATION OF THE RESIDENTIAL LAYOUT IN SY.NO.46/13 TO 18 OF DIBBURU VILLAGE, KASABA NORTH HOBLI, TUMKUR TALUK BY THE RESPONDENTS NO.2 AND 3 AT ANNEXURE - G AND ETC.,
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Learned counsel for the petitioner seeks leave of
this Court to withdraw the petition reserving liberty to challenge the approved layout plan issued in favour of respondent Nos.4 to 8 at Annexure-G before the appropriate forum.
2. Submission is placed on record.
Accordingly petition is dismissed as withdrawn reserving liberty as sought for. If the petitioner files an appeal before the appropriate forum within four weeks, the appropriate forum to consider the appeal on the merits without going into the question of delay.
Sd/-
JUDGE
RKA
2 provisions across 2 enactments
Sri. G. Keshava Murthy
The State of Karnataka
The Commissioner, Tumkur Urban Development Authority
The Town Planning Member, Tumkur Development Authority
Smt. Siddagangamma
Smt. Ramakka
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
