In this writ petition, the petitioner sought prohibition against illegal road widening. The petitioner subsequently filed a memo seeking withdrawal of the petition, which was accepted by the court without any substantive adjudication on the merits.
The writ petition was dismissed as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC-D:6601 WP No. 102670 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO. 102670 OF 2018 (LB-RES)
BETWEEN:
BAGALKOTE CEMENT & INDUSTRIES LIMITED, BAGALKOTE. (FORMERLY CALLED AS BAGALKOT UDYOG LIMITED) A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT 6TH FLOOR, BLOCK NO.1, STADIUM HOUSE, VEER NARIMAN ROAD, CHURCHGATE, MUMBAI-400020, R/BY ITS AUTHORISED SIGNATORY, MANAGER-LEGAL, MR. ABBAS RAJESAB NIDASESHI, AGE: 49 YEARS, OCC: MANAGER (LEGAL), R/O: BAGALKOTE.
…PETITIONER
(BY SRI S.B. HEBBALLI, ADVOCATE)
K M SOMASHEKAR High Court of Karnataka, Dharwad
AND:
…RESPONDENTS
(BY SRI ANAND R. KOLLI, & SRI G.K. HIREGOUDAR, ADVOCATES FOR R1; SHRI D.V. PATTAR, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF PROHIBITION, PROHIBITING THE RESPONDENT NO.2 FROM PROCEEDING WITH THE CONSTRUCTION AND WIDENING OF THE APPROACH ROADS FROM APMC TO ANUSHA PETROL PUMP CIRCLE, ANUSHA PETROL PUMP CIRCLE TO DADDENNAVAR HOSPITAL CIRCLE AND ANUSHA PETROL PUMP CIRCLE TO CEMENT FACTORY CIRCLE IN UNIT III, NAVANAGAR BAGALKOT PURSUANT TO THE WORK ORDER DATED: 04-01-01-2018 ISSUED BY RESPONDENT NO.1 IN FAVOUR OF RESPONDENT NO.2 BEARING NO.CE/BTDA/PB-2/2017-18/3162, A COPY OF WHICH IS PRODUCED AS PER ANNEXURE-F2 AND ETC., IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner files a memo seeking
withdrawal of the petition.
"1) That the Petitioner has filed the above petition challenging the illegal road widening activities on the petitioner's land without following the due procedure under the lands acquisition Act.
2) Since the State Authority has stopped
the widening activities of road on our land, the petitioner wishes to withdraw the petition with a liberty to file fresh petition in case the State Authority again embark on illegal road widening involving our lands.
3) PRAYER: Wherefore, the petitioner humbly prays that the Hon'ble Court be pleased to allow the
petitioner to withdraw the writ petition with a liberty to file fresh petition in case of recurring of the similar incidence."
writ petition is dismissed as withdrawn reserving liberty to the petitioner to file fresh petition.
Sd/JUDGE
AM List No.: 1 Sl No.: 2
1 provisions across 1 enactments
Bagalkote Cement & Industries Limited
Bagalkote Town Development Authority
M/s. P.R.N. Infratech
Pradeep Singh Yerur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
