Dismissed
Sri H Chandra Reddy v. State of Karnataka
Karnataka HCWP/14267/2012
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from the order text
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HIGH COURT OF KARNATAKA, BENGALURU DATED…
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HIGH COURT OF KARNATAKA, BENGALURU DATED…
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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 3RD DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.14267 OF 2012(LA-BDA)
BETWEEN:
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S/O NAGARAJA REDDY, AGED ABOUT 30 YEARS, R/AT NO.325, BTS MAIN ROAD, NEAR ANJANEYA TEMPLE, B G ROAD, ARAKERE, BANGALORE, KARNATAKA – 560 076.
...PETITIONERS
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AND:
(BY SRI. N ANITHA, HCGP FOR R1; SRI. SACHIN B S, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PUBLISH THE DRAFT NOTIFICATION, WHICH WA PREPARED IN THE MONTH OF SEPTEMBER 2010 VIDE ANNEX-H BY THE UNDER SECRETARY TO GOVERNMENT, URBAN DEVELOPMENT DEPARTMENT, GOVERNMENT OF KARNATAKA, IN THE GAZETTE, THEREBY DIRECTING THEM TO WITHDRAW THE LAND BEARING SY. NO.79, MEASURING 1 ACRE 3 GUNTAS SITUATED AT ARAKERE VILLAGE, BEGUR HOBLI, BANGALORE SOUTH TALUK, FROM ACQUISITION, WHICH WAS DECLARED AS PER THE FINAL NOTIFICATION DTD.28.7.1990 WHICH WAS PUBLISHED IN THE KARNTAKA GAZETTE (SPECIAL) UNDER SECTION (1) OF SECTION -19 OF BDA ACT, 1976.
THIS PETITION COMING ON FOR FINAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
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ORDER
Learned counsel for the Petitioner has filed a Memo
dated 03.01.2023 seeking disposal of the Writ Petition which reads as under:
“MEMO FOF DISPOSAL OF WRIT PETITION
The above Writ Petition was filed by the Petitioners seeking for Writ of Mandamus directing the respondent to draft notification withdrawing the Petitioner’s land from acquisition as the scheme was lapsed.
The said Writ Petition was allowed by this Hon’ble court Vide Order dated 02.07.2012. The subsequent allottees had filed a Review Petition No.362/2013 challenging the order dated 02.08.2012 passed in W.P.No.14267-14272/2012. This Hon’ble Court Vide order dated 18.01.2017 restored the W.P.No.14267-14272/2012 while disposing the above said Review Petition.
In the interregnum the Petitioners herein have filed another Writ Petition No.7598-7602 and 8174/2014(LA-BDA) seeking the declaration that the land acquisition so far as the Petitioners land is concerned lapsed and for quashing of the acquisition notification. This Hon’ble Court was pleased to allow the said Petition vide order dated 2304.2014. The Writ Appeal No.1421-1425/2014 came to be filed challenging the order dated 23.04.2014 passed in Writ Petition No.7598-7602 and 8174/2014 (LA-BDA).
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In view of the above the W.P.No.1426714272/2012(LA-BDA) does not survive for consideration. Hence, the same may be disposed off as infructuous resolving the liberty to revival of the W.P.No.1426714272/2012(LA-BDA) subject to the result of W.A.No.1421-1425/2014.
This memo may kindly be taken on record in the interest of justice and equity.”
The Memo is placed on record and accordingly
Petition is disposed off.
Sd/JUDGE
Bsv
1 issue framed by the court
Whether the writ petition seeking withdrawal of land from acquisition survives considering prior judgments.
2 provisions across 2 enactments
Sri H Chandra Reddy and others
State of Karnataka and others
Krishna S.Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court