Disposed
Smt Sahana Subramanya v. State of Karnataka
Karnataka HCWP/9469/2019
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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 6TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.9469 OF 2019(BDA)
BETWEEN:
BOTH RESIDING AT NO.134, 1ST G MAIN, 4TH CROSS, KASTURI NAGAR, BANGALORE – 560 043.
...PETITIONERS
(BY SRI. K S HARISH, (VHVK LAW PARTNERS) ADVOCATE)
AND:
2
REPRESENTED BY ITS COMMISSIONER.
… RESPONDENTS
(BY SRI.R SRINIVASA GOWDA, AGA FOR R1; SRI.MURUGESH V CHARATI, ADVOCATE FOR R2; SRI.G.S.BALAGANDHAR, ADVOCATE FOR R4; SMT. M SHASHIKALA, SD (NOT REPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE DIRECTION IN THE NATURE OF A WRIT THE ALLOTMENT LETTER DATED 10.4.2018 ISSUED BY THE R-2 IN FAVOUR OF R-3 IN RESPECT OF SITE BEARING NO.IGM135 MEASURING EAST TO WEST 9.14 MTRS NORTH TO SOUTH 6.10 MTRS, SITUATED IN NGEF LAYOUT (EAST) FOMED BY THE R-2 AND LOCATED AT KASTURI NAGAR, BANGALORE AND ETC.,
THIS PETITION COMING ON FOR FURTHER HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
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ORDER
Both the sides having argued the matter at length,
have now filed a Joint Memo dated 06.01.2023 amicably settling the lis between them as under:
“MEMO
The petitioner and Respondent No.4 submit as under:
1. The Respondent No.4 has agreed to leave a set back of 2 feet upto Ground Level and 1.5 Feet for upper floors for Construction on Site No.1-GM 135, on the Petitioner’s property site bearing No.BC-134.
2. The petitioner undertakes to cooperate for closure of the Criminal Case in C.C.No.54929/2019 before the Hon’ble XACMM at Bangalore.
Wherefore, it is prayed that this Hon’ble Court may be pleased to dispose the above petition on the above terms, in the interest of justice & equity.”
This Court having perused the Memo accepts the same since it is in the best interest of all the parties and there is no any reason to deny the relief in terms of the Memo.
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The jurisdictional Criminal court would favourably consider dropping out the criminal proceedings against the private Respondents in terms of this settlement as the matter partakes the character of a dispute of civil in nature, notwithstanding the filing of the charge sheet by the police.
Ordered accordingly & Writ Petition is disposed off.
No costs.
Sd/JUDGE
Bsv
Smt. Sahana Subramanya
Sri. Sanaru Kumar Mallick
State of Karnataka
Bangalore Development Authority
Smt. M Shashikala
Sri. Madhusudhan P
Krishna S. Dixit
As recorded by the court registry
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