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B C Darshan vs the State of Karnataka

B C Darshan vs The State of Karnataka

Type Court Judgment Court Karnataka Orders Decided Feb 03, 2026
~3 min read
https://sooperkanoon.com/case/1578676

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Citation
Court
Karnataka Orders High Court
Judge
Decided On
Case Number
WP/35960/2025

Parties & Advocates

Appellant / Petitioner

B C Darshan

Respondent

The State of Karnataka

Excerpt

.....for r2 and r3) this wp is filed under articles 226 and 227 of the constitution of india praying to a. issue a writ in the nature of certiorari, or any other appropriatewrit, order, or direction, quashing the final notification dated 21/01/2023 bearing no. ci 156 s.pq.(e) issued under section 28(4) of the kiad act, 1966, produced as annexure-h, in so far as it relates to the petitioner's lands bearing survey no. 46/5, measuring 0.09.04 guntas, and sy. no. 46/11 (old sy. no. 46/8), measuring 0.10 guntas, situated in malliyappanahalli village, vemgal hobli, kolar taluk, and kolar district and etc. this petition, coming on for preliminary hearing in 'b' group, this day, order was made therein as under: coram: hon'ble mr. justice s sunil dutt yadav -3-oral order1. a memo for withdrawal is filed, which reads as under; "the petitioner above named most humbly submits as follows:1. the petitioner has instituted the above-captionedwrit petition seeking to quash the preliminary notification dated 08/12/2020 and final notification dated 01/21/2023 issued by the respondents in respect of the schedule properties.2. the petitioner submits that, due to certainsubsequent administrative developments and for other technical reasons, the petitioner does not intend to prosecute the above-captioned writ petition further at this stage.3. the petitioner, therefore, seeks the kindindulgence of this hon'ble court to withdraw the above writ petition as not pressed, with liberty to file a fresh petition on the same cause of action, if the need arises in the future. wherefore, it is most humbly prayed that this hon'ble court may be pleased to permit the petitioner to withdraw the above writ petition as not pressed, in the interest of justice and equity." -4-2. in the light of the same, petition is dismissed as not pressed, liberty is reserved. sd/- (s sunil dutt yadav) judge gh list no.: 1 sl no.: 15 ct-sg

Full Judgment

-1-

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 35960 OF 2025 (LA-KIADB) BETWEEN: B.C. DARSHAN S/O LATE B L CHANDRA GUPTA, AGED ABOUT 43 YEARS, RESIDING AT DEEPA NILAYA, BEHIND BESCOM OFFICE, OLD EXTENSION, KOLAR, KARNATAKA - 563 101. …PETITIONER (BY SRI. TEJASVI K.V.,ADVOCATE) AND:

1. THE STATE OF KARNATAKA

Digitally DEPARTMENT OF INDUSTRIES AND COMMERCE, signed by VIJAYA P BY ITS PRINCIPAL SECRETARY, Location: HIGH VIDHANA SOUDHA, COURT OF KARNATAKA BANGALORE - 560 001.

2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT

BOARD (KIADB), NO. 49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU - 560001. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER. -2-

3. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO. 39, BHARAT SCOUTS AND GUIDES BUILDING, SHANTI GRAHA, 4TH FLOOR, PALACE ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SRI. HARISHA A.S., AGA FOR R1 SMT. ANUPARNA BORDOLOI, ADVOCATE FOR R2 AND R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT IN THE NATURE OF CERTIORARI, OR ANY OTHER APPROPRIATE

WRIT, ORDER, OR DIRECTION, QUASHING THE FINAL NOTIFICATION DATED 21/01/2023 BEARING NO. CI 156 S.PQ.(E) ISSUED UNDER SECTION 28(4) OF THE KIAD ACT, 1966, PRODUCED AS ANNEXURE-H, IN SO FAR AS IT RELATES TO THE PETITIONER'S LANDS BEARING SURVEY NO. 46/5, MEASURING 0.09.04 GUNTAS, AND SY. NO. 46/11 (OLD SY. NO. 46/8), MEASURING 0.10 GUNTAS, SITUATED IN MALLIYAPPANAHALLI VILLAGE, VEMGAL HOBLI, KOLAR TALUK, AND KOLAR DISTRICT AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV -3-

ORAL ORDER

1. A memo for withdrawal is filed, which reads as under; "The Petitioner above named most humbly submits as follows:

1. The Petitioner has instituted the above-captioned

Writ Petition seeking to quash the Preliminary Notification dated 08/12/2020 and Final Notification dated 01/21/2023 issued by the Respondents in respect of the Schedule Properties.

2. The Petitioner submits that, due to certain

subsequent administrative developments and for other technical reasons, the Petitioner does not intend to prosecute the above-captioned Writ Petition further at this stage.

3. The Petitioner, therefore, seeks the kind

indulgence of this Hon'ble Court to withdraw the above Writ Petition as not pressed, with liberty to file a fresh petition on the same cause of action, if the need arises in the future. WHEREFORE, it is most humbly prayed that this Hon'ble Court may be pleased to permit the Petitioner to withdraw the above Writ Petition as not pressed, in the interest of justice and equity." -4-

2. In the light of the same, petition is dismissed as not pressed, liberty is reserved. SD/- (S SUNIL DUTT YADAV) JUDGE GH List No.: 1 Sl No.: 15 CT-SG

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