Dismissed

Sri.Karthik K N v. State of Karnataka

Karnataka HC22 Jun 2024WP/903/2023

Case brief

AI extract

What is this about?

Petitioners sought a writ of mandamus directing the Bangalore Development Authority to allot an alternative site. The petition was filed under Articles 226 & 227 of the Constitution. Upon preliminary hearing, the court noted the petitioners' request to withdraw the petition with liberty.

What did the court decide?

The writ petition was dismissed with liberty to the petitioners to challenge the endorsement dated 17.04.2023.

Sri.Karthik K N Vs State of Karnataka — Land Acquisition | Karnataka HC (2024)

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NC: 2024:KHC:22892 WP No. 903 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO.903 OF 2023 (LA-BDA)

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BETWEEN:

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SRI KARTHIK K.N. AGED ABOUT 24 YEARS S/O LATE K. NAGARAJ

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SRI DEEPAK K.N. AGED ABOUT 22 YEARS S/O LATE K. NAGARAJ

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Digitally signed by V MANJUSHA BAI Location: High Court of Karnataka

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BOTH RESIDING AT:#4 VENUGOPAL BUILDING 14TH CROSS, P.B. JAGADEESH ROAD HOSA ROAD, G.K. LAYOUT END PARAPPANA AGRAHARA BENGALURU-560 100.

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…PETITIONERS

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(BY SRI AMIT M. HEGDE, ADVOCATE)

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AND:

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STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA, AMBEDKAR VEEDHI BENGALURU-560 001.

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NC: 2024:KHC:22892 WP No. 903 of 2023

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THE BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD KUMARA PARK WEST BANGALORE-560 020 REPRESENTED BY ITS COMMISSIONER.

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THE SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD KUMARA PARK WEST BANGALORE-560 020.

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THE DEPUTY SECRETARY-I BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD KUMARA PARK WEST BANGALORE-560 020.

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…RESPONDENTS

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(BY SRI YOGESH D. NAIK, AGA FOR R.1; SRI G. LAKSHMEESH RAO, ADVOCATE FOR R.2 TO R.4.)

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THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT AS THIS HON'BLE COURT MAY DEEM FIT, DIRECTING THE RESPONDENT NO.2 (BDA) TO COME FORWARD AND ALLOT AN ALTERNATIVE SITE (IN THE SAME LOCALITY) IN FAVOUR OF THE PETITIONERS AS REQUESTED IN THE REPRESENTATION DATED 05.08.2022 (ANNEXURE-O), ETC.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING:

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NC: 2024:KHC:22892 WP No. 903 of 2023

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ORDER

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Learned counsel for the petitioners has filed the instant writ petition with the following prayers:-

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" Wherefore , the Petitioners most respectfully pray that this Hon'ble Court be pleased to:

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a) Issue a Writ of Mandamus or any other Writ as this Hon'ble Court may deem fit, directing the 2^nd Respondent (BDA) to come forward and allot an alternative site (in the same locality) in favour of the Petitioners as requested in the representation dated 05.08.2022

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(ANNEXURE-O)

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b) Grant such other reliefs as this Hon'ble Court may deem fit to grant, in the circumstances of the case, including an order as to costs, in the interest of justice and equity."

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It is submitted by the leaned counsel for the respondents that the request of the petitioners have been turned down and an endorsement to that effect has been issued on 17.04.2023 which is produced herewith as Annexure-R1 to the objections.

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NC: 2024:KHC:22892 WP No. 903 of 2023

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In the light of the same, learned counsel for the petitioners submits that he may be permitted to withdraw the writ petition with liberty to challenge the said endorsement. Hence, the following:

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ORDER

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i. The writ petition is hereby dismissed reserving liberty to the petitioners to challenge the endorsement dated 17.04.2023 issued by respondent No.3 in the manner known to law.

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Sd/JUDGE

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VMB

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List No.: 1 Sl No.: 22

Sri.Karthik K N v. State of Karnataka

Case brief

What is this about?

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Sri.Karthik K N v. State of Karnataka

Case brief

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