M/S Mak Estates And Properties vs The State Of Karnataka
2023 Latest Caselaw 1201 Kant

                                              -1-
                                                         WA No. 522 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 6TH DAY OF FEBRUARY, 2023

                                           PRESENT

                   THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE

                                             AND

                           THE HON'BLE MR JUSTICE ASHOK S.KINAGI

                            WRIT APPEAL NO. 522 OF 2022 (LA-BDA)


                   BETWEEN:

                   1.    M/S MAK ESTATES AND PROPERTIES
                         A PARTNERSHIP FIRM,
                         HAVING ITS OFFICE AT 3/12,
                         THIRD FLOOR, AL-AMEEN APARTMENTS,
                         PATALAMMA TEMPLE STREET,
                         BASAVANAGUDI
                         BANGALORE-560004
                         REPRESENTED BY ITS PARTNER,
                         SRI MAQSOOD ALI KHAN,
                         S/O SRI K RAHMAN KHAN,
                         AGED ABOUT 50 YEARS,
Digitally signed
by VINUTHA M                                                   ...APPELLANT
Location: HIGH
COURT OF
KARNATAKA
                   (BY SRI G.KRISHNA MURTHY, SENIOR ADVOCATE FOR
                       SRI B PRAMOD, ADVOCATE)


                   AND:

                   1.    THE STATE OF KARNATAKA
                         URBAN DEVELOPMENT DEPARTMENT,
                         VIDHANA SOUDHA,
                         DR B R AMBEDKAR VEEDHI,
                         BANGALORE-560001
                         REPRESENTED BY ITS SECRETARY
                               -2-
                                           WA No. 522 of 2022




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

3.   THE SPECIAL LAND ACQUISITON OFFICER
     BANGALORE DEVELOPMENT AUTHORITY,
     T CHOWDAIAH ROAD, KUMARA PARK WEST,
     BANGALORE-560020
                                         ...RESPONDENTS

(BY SRI RAJASHEKAR.S, AGA FOR R1)

     THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THE
APPEAL AND SET ASIDE/QUASH THE ORDER DATED
01/04/2022 PASSED IN WP NO.7307/2021 (LA-BDA), BY THE
LEARNED SINGLE JUDGE AND ALLOW THE SAID WRIT
PETITION.

     THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:

                         JUDGMENT

After arguing the matter for some time, the learned

counsel for the appellant prays for withdrawal of the appeal

with liberty to file a Review Petition before the learned Single

Judge by raising all the necessary contentions including the

contention that the subsequent orders passed by the Hon'ble

Apex Court were not brought to the notice of the learned Single

Judge.

WA No. 522 of 2022

2. Accordingly, the appeal is disposed of as withdrawn

with liberty as prayed for. In case such a Review Petition is filed

by the appellant, we request the learned Single Judge to

consider the same on its own merits and also to consider the

time spent before this Court in this appeal while calculating the

limitation period.

3. In view of disposal of the appeal, no order is

required to be passed on the pending applications, as such, the

same are disposed of.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

VM