Disposed

Himalayan Basha @ Ahesan Pasha v. State of Karnataka

Karnataka HC6 Apr 2023WP/38389/2015

Case brief

AI extract

What is this about?

In a writ petition challenging the lapse of land acquisition proceedings and demanding delivery of encroached land, the petitioner filed a memo seeking withdrawal. The High Court allowed the withdrawal citing Supreme Court precedents and disposed of the petition as withdrawn.

What did the court decide?

Withdrawal of the writ petition allowed, disposed of as withdrawn.

Himalayan Basha @ Ahesan Pasha Vs State of Karnataka — Land Acquisition | Karnataka HC (2023)

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WP No. 38389 of 2015

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF APRIL, 2023

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BEFORE

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THE HON'BLE MR JUSTICE KRISHNA S DIXIT

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WRIT PETITION NO. 38389 OF 2015 (LA-BDA)

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BETWEEN:

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HIMALAYAN BASHA @ AHESAN PASHA, AGED 40 YEARS, SON OF LATE ABDUL BASHEER, NO.17, LALMASJID A STREET, SHIVAJINAGAR, BANGALORE-560 051.

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…PETITIONER

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(BY SRI. J.V.SRINIVAS, ADVOCATE)

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AND:

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Digitally signed by CHETAN B C Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA, REPRESENTED BY ITS UNDER SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BANGALORE-560 001.

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THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, KUMARAPARK WEST, BANGALORE-560 020.

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PANCHAMUKHI PROJECTS G-2, SHIVA PRIDE APARTMENTS, PWD MAIN ROAD, DOORAVANINAGAR, BANGALORE-560 016. REPRESENTED BY ITS PRESIDENT/SECRETARY RESPONDENT NO.3 DELETED V.C.O DATED 03.01.2019

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VYALIKAVAL HOUSE BUILDING CO-OPERATIVE SOCIETY., NO.100, 11^TH CROSS, 6^TH MAIN, MALLESHWARAM, BANGALORE-560 003. REPRESENTED BY ITS PRESIDENT/SECRETARY.

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WP No. 38389 of 2015

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MR. PRIYANKAR PAUL, AGED 26 YEARS, SON OF SRI. PROMOTHESH PAUL, FLAT NO.103, 1^ST FLOOR, SITE NO. 413, PRESENT BBMP KHATHA SL. NO. 369, KATHA NO.413, VYALIKAVAL HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED LAYOUT, SY. NO.34/2, NAGAVARA VILLAGE, KASABA HOBLI, BANGALORE NORTH TALUK, BANGALORE-560 045.

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MR. SHUVAJYOTHI CHAUDHURI, AGED ABOUT 32 YEARS, SON OF SRI. DEBADATTA CHAUDHARI,

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SMT. POULOMI GHOSH, WIFE OF SRI. SHUVAJYOTI CHAUDHARI, AGED ABOUT 29 YEARS,

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BOTH RESIDENTS OF FLAT NO. 203, "PANCHAMUKHI HOMES", 2^ND FLOOR, SITE NO. 413, PRESENT BBMP KHATHA SL. NO. 369, KATHA NO.413, VYALIKAVAL HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED LAYOUT, SY. NO. 34/2, NAGAVARA VILLAGE, KASABA HOBLI, BANGALORE NORTH TALUK, BANGALORE-560 045.

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SMT. B. USHA, AGED ABOUT 42 YEARS, WIFE OF S. SRINIVASAN,

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SRI. S. SRINIVASAN, SON OF T.S. SESHADRI, AGED ABOUT 48 YEARS,

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BOTH ARE RESIDENTS OF FLAT NO.101, SITE NO.413, PRESENT BBMP KHATHA SL. NO. 369, KATHA NO.413, VYALIKAVAL HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED LAYOUT, SY. NO.34/2, NAGAVARA VILLAGE, KASABA HOBLI, BANGALORE NORTH TALUK, BANGALORE-560 045.

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SMT. RITA RAY WIFE OF SRI. JAYANTA RAY AGED ABOUT 58 YEARS, FLAT NO. 401, SITE NO. 413 PRESENT BBMP KHATHA SL. NO.369, KATHA NO. 413, VYALIKAVAL HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED LAYOUT, SY. NO.34/2, NAGAVARA VILLAGE, KASABA HOBLI, BANGALORE NORTH TALUK, BANGALORE-560 045.

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SRI. E. CHANDIPRASAD RAO SON OF SEI. E. CHANDRASHEKARA RAO, AGED ABOUT 33 YEARS, FLAT NO.202, SITE NO. 413, PRESENT BBMP KHATHA SL. NO.369, KATHA NO.413, VYALIKAVAL HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED LAYOUT, SY. NO.34/2, NAGAVARA VILLAGE, KASABA HOBLI, BANGALORE NORTH TALUK, BANGALORE-560 045.

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SRI. S.S. PERUMAL, SON OF LATE SRI. SHANKARLIGA THEVAR, AGED ABOUT 66 YEARS, FLAT NO. 102, SITE NO. 413, PRESENT BBMP KHATHA SL.NO.369, KATHA NO. 413, VYALIKAVAL HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED LAYOUT, SY. NO.34/2, NAGAVARA VILLAGE, KASABA HOBLI, BANGALORE NORTH TALUK, BANGALORE-560 045.

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SMT. SHARADA G. SHETTY WIFE OF SRI. K. GANATHA SHETTY AGED ABOUT 67 YEARS, SITE NO. 414, VYALIKAVAL HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED LAYOUT, SY. NO.34/2, NAGAVARA VILLAGE, KASABA HOBLI, BANGALORE NORTH TALUK, BANGALORE-560 045.

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WP No. 38389 of 2015

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N.V. PRASAD, SON OF SRI. VENKATESHWARA RAO, AGED ABOUT 61 YEARS, FLAT NO. 002, 003, 101, 301, 302, 303, 403 AND ALSO OWNER OF THE LAND IN SITE NO.413, "PANCHAMUKHI HOMES", 2^ND FLOOR, SITE NO.413, PRESENT BBMP KHATHA SL. NO.369,KATHA NO.413, VYALIKAVAL HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED LAYOUT, SY. NO.34/2, NAGAVARA VILLAGE, KASABA HOBLI, BANGALORE NORTH TALUK, BANGALORE-560 045.

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SMT. H.S. MEERA, WIFE OF C.K. KESHAVACHANDRA, AGED ABOUT 43 YEARS, NO.415, "SAMSKRUTI" VYALIKAVAL HOUSE BUILDING CO-OPERATIVE SOCIETY, GOVINDAPURA ROAD, NAGAVARA, BANGALORE-560 045.

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MR.K. SHASHIDHARA SHETTY, SON OF LATE SRI. ANANTHA SHETTY.M. AGED ABOUT 53 YEARS, NO.330, "KALPA", 2^ND CROSS, 2^ND BLOCK, RMV EXTENSION, BANGALORE-560 094.

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MR. RUDOLF ALWYN TAURO, SON OF SRI.ANTONY TAURO, MAJOR P.O.BOX NO.6085, WILSON BUILDING, AL DIYAFAH ROAD, DUBAI, UAE AND ALSO OWNER OF FLAT NO.201, SITE NO.413, PRESENT BBMP KHATHA SL.NO.369, KATHA NO.413, VYALIKAVAL HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED LAYOUT, SY.NO.34/2, NAGAVARA VILLAGE, KASABA HOBLI, BANGALORE NORTH TALUK, BANGALORE-560 045.

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WP No. 38389 of 2015

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SRI. HARIPRASAD SHETTY, SON OF LATE SRI.NARAYANA SHETTY, AGED ABOUT 41 YEARS, "SWAPNA SHILPA" SOC, KOTHAREED, PUNE, MAHARASTRA STATE-411 032.

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SMT. KANCHANA, AGED ABOUT 41 YEARS, NO.16, GOVINDAPURA, ARABIC COLLEGE POST, BANGALORE-560 045.

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MR. SRINIVAS, SON OF CHIKKANNA, AGED ABOUT 50 YEARS, NO.557, MARAMMA TEMPLE ROAD, KADUGONDANAHALLI, AC POST, BANGALORE-560 045.

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SMT. MEERA DEVI, WIFE OF RAMACHANDRA GUPTA, AGED ABOUT 43 YEARS, NO.5, SY.NO.34/3, GOVINDAPURA VILLAGE, NAGAVARA DAKHALE, BANGALORE NORTH TALUK.

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S. SHYLESH KUMAR, SON OF P.SAMPATH KUMAR, AGED ABOUT 37 YEARS, NO.343/E, 2^ND MAIN, 4^TH BLOCK, HBR LAYOUT, BRINDAVANNAGAR, BANGALORE-560 043.

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MR. A JOSEPH, SON OF A.ANTHONY, AGED ABOUT 34 YEARS, NO.16, SY.NO.34/3, NOW KNOWN AS NO.587, GOVINDAPURA, NAGAWARA, AC POST, BANGALORE-560 045.

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WP No. 38389 of 2015

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SRI. BYRE GOWDA, SON OF LATE B.RAMAIAH, AGED ABOUT 54 YEARS, NO.16, GOVINDAPURA, ARABIC COLLEGE POST, BANGALORE-560 045.

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SRI. M SRINIVAS, SON OF LATE MUNIYAPPA, AGED ABOUT 49 YEARS, NO.16, GOVINDAPURA, ARABIC COLLEGE POST, BANGALORE-560 045.

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SMT. SARALA, D/O.D.CHANDRAMMA, MAJOR, WESTERN HALF PORTION OF SITE NO.12, SY.NO.34/3, GOVINDAPURA VILLAGE, NAGAWARA DHAKALE, BANGALORE NORTH TALUK, BANGALORE-560 045.

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SMT. PREMA, WIFE OF LAZER, MAJOR, EASTERN HALF PORTION OF SITE NO.12, SY.NO.34/3, GOVINDAPURA VILLAGE, NAGAWARA DHAKALE, BANGALORE NORTH TALUK, BANGALORE-560 045.

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SRI. BHAGEERATH SINGH, SON OF SRI.BHADUR SINGH, AGED ABOUT 38 YEARS, SITE NO.428, VYALIKAVAL HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED LAYOUT, SY.NO.34/2, NAGAVARA VILLAGE, KASABA HOBLI, BANGALORE NORTH TALUK, BANGALORE-560 045. ALSO RESIDING AT NO.31, 12^TH F CROSS, 12^TH MAIN, BANDAPA GARDEN, MATHIKERE, BANGALORE-560 054.

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WP No. 38389 of 2015

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NOTE: THE ADDRESS OF THE RESPONDENTS NO.5 TO 28 IS AS FURNISHED BY THEM IN EX.780/2013

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…RESPONDENTS

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(BY SRI. SRIDHAR HEGDE., AGA FOR R1; SRI. B S SACHIN., ADVOCATE FOR R2; SRI. H K REVANASIDAPPA., ADVOCATE FOR R15; SMT.VAISHALI HEGDE., ADVOCATE FOR R10,11,13 & 16; SRI. M S NARAYAN., ADVOCATE FOR R28; R4,R5,R6,R7,R8,R9,R12,R14,R17,R18,R19,R20,R21,R22, R23,R24,R25,R26,R27 ARE SERVED AND UNREPRESENTED; V.C.O DATED 3.1.2019 WP AGAINST R3 STANDS DISMISSED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE LAND ACQUISITION PROCEEDINGS IN SO FAR AS THE SCHEDULE LAND OF THE PETITIONER PURSUANT FINAL NOTIFICATION DTD.21.2.1986 OF THE GOVERNMENT GAZETTE VIDE ANNEX-A HAS LAPSED UNDER SECTION 24[2] OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 [ACT 30 OF 2013-BROUGHT INTO FORCE WITH EFFECT FROM 1.1.2014 VIDE NOTIFICATION DTD.19.12.2013 AND DIRECT THE R-2 TO 5 TO DELIVER ENCROACHED PORTION OF THE SCHEDULE LAND IN POSSESSION OF THE R-5 TO 28 TO THE PETITIONER.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Learned counsel for the Petitioner has filed a Memo dated 6.4.2023 seeking withdrawal of the petition, which reads as under:

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“The petitioner in the above Petition most respectfully submits that the petitioner may be permitted to withdraw as he is not interested to

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proceed with in the above matter in the interest of justice and equity.”

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Learned counsel appearing for respondent

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Nos.10, 11, 13 & 16 opposes the withdrawal of petition, however, such an opposition is unsustainable in the light of the law declared by the Apex Court in SHEELA BARSE

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VS. UNION OF INDIA (1986) 3 SCC 596 .

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In the above circumstances, Writ Petition is disposed

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off as having been withdrawn in terms of Memo, costs

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made easy.

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Sd/JUDGE

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cbc