Karnataka High Court
Venkateshaiah vs State Of Karnataka on 14 March, 2023
Bench: Krishna S.Dixit
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WP No. 7523 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 7523 OF 2014 (LA-BDA)
BETWEEN:
1. VENKATESHAIAH,
AGED ABOUT 51 YEARS,
S/O LATE GALIHANUMAIAH,
2. NINAGAIAH
AGED ABOUT 46 YEARS,
S/O LATE GALIHANUMAIAH,
3. KRISHNAMURTHY
AGED ABOUT 38 YEARS,
S/O LATE GALIHANUMAIAH,
ALL ARE RESIDENT OF VARASANDRA GRAMA,
KENGERI HOBLI, BANGALORE SOUTH,
Digitally signed BANGALORE 560 060.
by SHARADA ...PETITIONERS
VANI B
Location: HIGH (BY SRI.VENKATESHAIAH.,ADVOCATE
COURT OF SRI. NINGAIAH, ADVOCATE
KARNATAKA
SRI. KRISHNAMURTH, ADVOCATE (ALL ARE ABSENT))
AND:
1. STATE OF KARNATAKA
DEPT. OF URBAN DEVELOPMENT AUTHORITY,
M.S BUILDING, BANGALORE 560 001.
BY ITS SECRETARY
2. BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH ROAD, KUMARA KRUPA WEST,
BANGALORE 560 020.
REPTD. BY ITS COMMISSIONER.
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WP No. 7523 of 2014
3. THE SPECIAL LAND ACQUISITION OFFICER,
BANGALORE DEVELOPMENT AUTHORITY,
T. CHOWDAIAH ROAD, KUMARA PARK WEST,
BANGALORE 560 020.
...RESPONDENTS
(BY SRI.R SRINIVASA GOWDA, AGA FOR R1;
SRI. SACHIN B S.,ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE PRELIMINARY NOTIFICATION U/S 17(1) & (3) OF
THE BDA ACT THE NOTIFICATION DT.15.11.2000 AND FINAL
NOTIFICATION U/SEC. 19 OF THE BDA ACT
NO.UDD/274/MNX/2001 DT.21.8.2001 VIDE ANNX-C & E
ISSUED BY R-2 & 1 AND DECLARE THE ACQUISITION
PROCEEDINGS IN THE PRELIMINARY & FINAL NOTIFICATIONS
DT.15.11.2000 & 21.8.2001 VIDE ANNX-C & E ISSUED BY R-2
& 1 AS ABANDONED AND ETC.,
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
A Coordinate Bench of this Court vide order dated
13.07.2022 had made the peremptory order as under:
"1. Learned counsel for the petitioners has
filed a memo of retirement dated 12.07.2022
stating that he has not been receiving any
instructions form the petitioners along with
the said memo of retirement and notice dated
05.07.2022, postal receipts as also the
acknowledgement cards are closed.
2. Accepting the same, the memo of
retirement is accepted the learned counsel for
the petitioners is discharged from the matter.
Registry is directed to print the name of
petitioners in cause title and re-list on
WP No. 7523 of 2014
03.08.2022. if none appears for the
petitioners on that day, the petition would be
liable to be dismissed for non-prosecution."
2. Thereafter the matter came before another
Coordinate Bench on 04.08.2022 which had said as under:
The Court Officer in terms of the order dated
13.07.2022 loudly called out the name of Petitioners.
There is no response from them.
In view of the above peremptory orders, this Petition
is dismissed for non-prosecution.
Registry shall send a copy of this judgment to the
Petitioners by Speed Post immediately.
Sd/-
JUDGE
Bsv
