Krishnappa M v. The Commissioner

e -e1e-eeeee e e NC:(2026:KHC:22790 WP(No.(11054(of(2020 IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( THDATED(THIS(THE(24 (DAY(OF(APRIL,(2026( BEFORE( THE(HON'BLE(MR.(JUSTICE(S(SUNIL(DUTT(YADAV( WRIT(PETITION(NO.(11054(OF(2020((BDA) BETWEEN:( M.,KRISHNAPPA,, AGE,76,YEARS,, S/O,LATE,MUNIVEERAPPA,, RESIDING,AT,SY,NO.49,, DUBASIPALYA,,R,V,COLLEGE,POST,, MYSORE,ROAD,, BENGALURU,-,560,059., …PETITIONER, (BY,SRI.,SHARATH,S,GOWDA,,ADVOCATE), AND: THE,COMMISSIONER,, Digitally BANGALORE,DEVELOPMENT,AUTHORITY,,signedtiby VIJAYA0P PITILU,CHOWDAIAH,ROAD,, Location: KUMARA,PARK,WEST,, HIGH COURT0OF BENGALURU,-,560,020., KARNATAKA …RESPONDENT, (BY,SRI.K.KRISHNA,AND,SRI.VASANTHA,,ADVOCATES), , THIS,W.P.,IS,FILED,UNDER,ARTICLES,226,AND,227,OF, THE, CONSTITUTION, OF, INDIA, PRYING, TO, QUASH, THE, PRELIMINARY, NOTIFICATION, DATED, 19.1.1989, ISSUED, BY, BDA, BANGALORE, PUBLISHED, IN, THE, GAZETTE, DATED,

19.1.1989 AND ON 02/02/1989 PRODUCED AS ANNEXURE-A AND ETC.,

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER

Learned counsel appearing for the petitioner files a memo seeking withdrawal of the petition. The memo so filed reads as follows: "MEMO FOR WITHDRAWAL The petitioners respectfully submit as under:

¶1The Original Writ Petitioner M. Krishnappa had filed the above Writ Petition seeking for quashing of Preliminary notification dated 19.01. 1989 issued in notification bearing "Jananabharathi. BDA/ALAO/A3/139/88-89, for formation of Layout", in respect land in Sy No. 46/3 of Valagerahally Village, Kengeri, Hobli, Bengaluru south Taluk, measuring to an extent of 6 Acres 9 Guntas.

¶2The Petitioners submit that in respect of the said Preliminary notification, a Final notification was issued on

19.01.1984 However, the said final notification dated 19.01.1994 came to be quashed by

this Hon'ble Court in W.P No.23397/1996, 34987/1997 and other connected petitions, on the count that there was no prior approval of the scheme, reserving liberty to pass final notification on obtaining such approval and subsequently once again Final notification was issued under Section 19(1) on 06.10.1997. Even the said final notification dated 06.10.1997 was quashed by this Hon'ble Court vide order dated 31.08.1998 in WP No.34986/1997. The Writ appeal filed by the BDA as against the said judgment also came to be dismissed vide order dated 31.08.1998 in Writ Appeal No.4951/1998. Thereafter, the BDA issued one more final notification. However, in this final notification dated 07.10.1999 the land bearing Sy No.46/3 was excluded. Therefore, in essence there is no final notification at all in respect of Sy No.46/3.

¶3Be that as it may the BDA have utilized the land belonging to the Petitioners in Sy No.46/3 and the legal representative of the original writ petitioner are now before the BDA, seeking for alternative equivalent land as their land has been utilized without there being any final notification, which virtually amounts utilization of land without resorting to acquisition proceedings.

¶4In that light of the matter, the legal representatives of the original Writ petitioner who have now come on record does not wish to pursue this writ petition, pending their representation before BDA for allotment of equivalent alternative land in lieu of

utilization of their land measuring 6 Acer 9 guntas in Sy No.46/3 without resorting to acquisition proceedings. Only in the event of BDA refusing to allot alternative equivalent the Petitioners wish to come back to this Hon'ble Courts appropriate relief. In that view of the matter the Petitioners who have now come on record on behalf of the original writ petitioner, wish to pursue this petition and this writ petition may be dismissed as withdrawn in the interest of justice and equity.

In light of above, the petition is dismissed as withdrawn in terms of the memo.

All contentions made out in the memo are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE HR List No.: 1 Sl No.: 84