Writ petition regarding unauthorized encroachment was dismissed as withdrawn after an amicable settlement led to the cancellation of sale deeds, removing the necessity for court intervention.
Petition dismissed as withdrawn by the petitioner on the grounds that the dispute was settled via amicable agreement and cancellation of sale deeds.
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NC: 2024:KHC:47961 WP No. 17481 of 2018
IN TE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2024 BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 17481 OF 2018 (LB-RES)
BETWEEN:
SRI B V MOHANA SON OF LATE B K VISHWANATHA RAO AGED ABOUT 67 YEARS, OCCUPATION RETIRED HIGH COURT EMPLOYEE REISIDNG AT NO.37 "SAMRUDHI" 1ST FLOOR, RALLYS COLONY 6TH A MAIN ROAD, ATTUR LAYOUT VEERASAGARA MAIN ROAD, BENGALURU-560 064.
…PETITIONER
(BY SRI.N.K. KANTHARAJU., ADVOCATE)
AND:
Digitally signed by ANAND N Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:47961 WP No. 17481 of 2018
APPURTENANCES BBMP, YELAHANKA BENGALURU-560 064.
…RESPONDENTS
(BY SRI.N.R. JAGADEESWARA., ADVOCATE FOR R1 TO R4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS FROM THE RESPONDENTS WITH REGARD TO THEIR INACTION DESPITE COMPLAINTS DATED 11.6.2014, 10.07.2014, 23.3.2015 LEGAL OPINION DATED 16.9.2014, 3.12.2014 AND THE LEGAL NOTICES DATED 24.5.2017 AND 9.12.2017; DIRECT RESPONDENTS TO CONSIDER THE TWO COMPLAINTS LODGED BY THE SURROUNDING RESIDENTS OF ATTURU VILAGE DATED 11.6.2014 TWO INDEPENDENT COMPLAINTS OF PETITIONER DATED 10.07.2014 AND 23.3.2015 TO REMOVE THE UNAUTHORISED ENCORACHMENT MADE IN THE PUBLIC STREET IN SY. NO. 8/2 OF ATTUR VILLAGE, YELAHANKA HOBLI, BENGALURU NORTH TALUK, LEGAL OPINION OBTAINED BY THE R-2 DATED 16.9.2014 AND 3.12.2014 AND THE LEGAL NOTICES
NC: 2024:KHC:47961 WP No. 17481 of 2018
DATED 24.5.2017 AND 9.12.2017 VIDE ANNEX-A TO H TO W.P.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD
ORAL ORDER
The learned counsel for the petitioner has filed a memo for withdrawal which reads as under:
"The above Writ Petition has filed against the respondents for Issuance of Mandamus directing the respondents to consider the two complaints lodged by the residence of Attur Village dated 11.06.2014, two independent complaints filed by the petitioner dated 10.07.2014 and 23.03.2015 to remove the unauthorized encroachment made in the public street in Sy No.8/2 of Attur Village and other reliefs.
During the pendency of the above writ petition, the petitioner and one Mr.R.Muralidhara have entered into amicable settlement and accordingly the petitioner has executed cancellation of sale deed dated 22.01.2004 on 11.01.2023. Similarly, the petitioner's wife
NC: 2024:KHC:47961 WP No. 17481 of 2018
Smt.B.M.Chandra has executed cancellation of sale deed dated 28.11.2003 on 31.08.2024. By virtue of the said cancellation of sale deed, the said Mr. R.Muralidhara became owner of the said properties. In that view of the matter, the relief sought for in the above writ petition has become infractious and therefore, the petitioner prays that the Hon'ble Court may be pleased to dismiss the above writ petition as having become infractiuous, in the interest of justice and equity."
In the light of the memo, the petition stands
dismissed as withdrawn.
SD/(B M SHYAM PRASAD) JUDGE
AN/-
SRI B V MOHANA
THE COMMISSIONER BBMP
THE JOINT COMMISSIONER BBMP
THE EXECUTIVE ENGINEER YELAHANKA DIVISION
THE ASSISTANT EXECUTIVE ENGINEER BBMP
B M SHYAM PRASAD
As recorded by the court registry
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