Santhosh v. State of Karnataka
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No. 21746 of 2019 IN THE HIGH COURT OF…
No. 21746 of 2019 IN THE HIGH COURT OF…
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 21746 OF 2019 (KLR-RES)
BETWEEN:
BOTH OF THEM R/A AVERAHALLI VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE – 562 111.
…PETITIONERS
(BY SRI. M B CHANDRACHUD, ADVOCATE)
Digitally signed by CHETAN B C Location: HIGH COURT OF KARNATAKA
AND:
WP No. 21746 of 2019
…RESPONDENTS
(BY SRI.R SRINIVASA GOWDA, AGA FOR R1 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS FROM THE RESPONDENTS WITH RESPECT TO PROPOSED LAND ACQUISITION OF THE YEAR 1969 IN R.D.59 AQB 69(II) DATED 22.02.1969 CONATINED IN ANNX AND THEREON IN RD 438 AQB 69 DATED 03.101969 CONTAINED IN ANNX- …, HEARIN THE PARTIES TO THE PETITION AND TO DECLARE THE SAID NOTIFICATIONS AS NOT SUSTAINABLE ON LAPSE OF 35 YEARS FOR NOT TAKEN POSSESSION OF THE LAND IN SY NO.1, MEASURING 31 GUNTAS OUT OF 3 ACRES 3 GUNTAS OF LAND IN AVERAHALLI VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK AS ARE IN VIOLATION OF ACQUISITION PROCEEDINGS AS IT WAS HELD WITHOUT CAUSING EITHER ACQUISTIION NOTICE OR AWARD NOTICE TILL THE DEATH OF THE OWNERS OF THE SAID LAND AND TO HER SUCCESSORS TILL DAY AND THEREON TO SET ASIDE SUCH OTHER ORDERS PASSED AGAINST TO THE INTEREST OF THE DECEASED NANJAMMA AND TO THE SUCCESSORS IN PURSUANCE OF THE SAID PROPOSED LAND ACQUISITION NOTIFICATION.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the Petitioner has filed a Memo
dated 08.02.2023 which reads as under:
“The petitioners above named states that, certain materials have been correctly stated in the writ petition, the prayer made in the writ petition is incomplete and hence, the petitioners above named seeks the permission of this Hon’ble Court to withdraw the petition with liberty to file fresh writ petition on the same cause of action in the interest of justice.”
Accordingly, this Writ Petition is disposed off as withdrawn
in terms of the Memo with liberty reserved.
Sd/JUDGE
Bsv
1 provisions across 1 enactments
R. Santhosh and R. Sampath
State of Karnataka
Deputy Commissioner, Bengaluru Rural District
Tahsildar, Nelamangala Taluk
Assistant Commissioner, Doddaballapura Sub Division
H. Uppendra Kumar
Krishna S Dixit
As recorded by the court registry
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