Devaraj D M vs the State of Karnataka - Court Judgment

SooperKanoon Citationsooperkanoon.com/1908352
CourtKarnataka Orders High Court
Decided OnJul-30-2024
Case NumberWP/13565/2024
JudgeChief Justice,K. V. Aravind
AppellantDevaraj D M
RespondentThe State of Karnataka
Excerpt:
-1-in the high court of karnataka at bengalurudated this the 30th day of july, 2024 present the hon'ble mr. n. v. anjaria, chief justice and the hon'ble mr. justice k v aravind writ petition no. 13565 of 2024 (lb-res-pil) between:1. devaraj d.m.,s/o. muniyappa, aged about 45 years, r/at kundana hobli, doddacheemanahalli, kundana, …petitioner (by mr. goutham g.v., advocate for sri mohankumara d., advocate for petitioner) digitally signed and: by prabhakar swethakrishnan 1. the state of karnataka location: high represented by its chief secretary, court of vidhana soudha,karnataka bangalore - 01.2. the state of karnataka urban development department, represented by its chief secretary, vidhana soudha, 4th floor, bangalore - 560 001. -2-3. bangalore international airportarea planning authority (biaapa) no.333/1, ist floor, v. j. complex, sulibele road, devanahalli town, bangalore rural district, bangalore - 562 110. represented by its member secretary4. bangalore metropolitan region development authority (bmrda) no.1, ali askar road, vasanth nagar, bangalore - 560 052. represented by its commissioner5. sri v. shanth kumar chairman biaapa, s/o. late venkateshappa, aged about 44 years, r/at dyavarahalli village, jalige post, kundana hobli, devanahalli taluk, …respondents (by smt. niloufer akbar., aga for r1 & r2; sri ravi kumar m., adv. for r5) this writ petition is filed under articles 226and 227 of the constitution of india praying to issue a writ of quo warranto or any other appropriate writ seeking to oust the respondent no.5 from the post of chairman, biaapa whose appointment has become illegal by virtue of restrictions envisaged under the applicable laws vide annexure-a and etc. -3- this writ petition coming on for orders, this dayorder was made therein as under:coram: hon'ble the chief justice mr. justice n. v. anjaria and hon'ble mr justice k v aravindoral order(per: hon'ble the chief justice mr. justice n. v. anjaria) learned advocate mr. g.v. goutham for learned advocate mr. d. mohankumara for the petitioner files memo of withdrawal dated 30.07.2024 which reads as under, “the undersigned counsel for the petitioner prays that this hon’ble court be pleased to permit the petitioner to withdraw the above case as the same is not interested to further adjudication. hence, this memo in the interest of justice and equity.”2. memo is taken on record. permission is granted to withdraw the petition.3. in view of the memo, the writ petition is dismissed as withdrawn. (n. v. anjaria) chief justice (k v aravind) judge kps list no.: 1 sl no.: 51
Judgment:

-1-

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 30TH DAY OF JULY, 2024 PRESENT THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE K V ARAVIND WRIT PETITION NO. 13565 OF 2024 (LB-RES-PIL) BETWEEN:

1. DEVARAJ D.M.,

S/O. MUNIYAPPA, AGED ABOUT 45 YEARS, R/AT KUNDANA HOBLI, DODDACHEEMANAHALLI, KUNDANA, …PETITIONER (BY MR. GOUTHAM G.V., ADVOCATE FOR SRI MOHANKUMARA D., ADVOCATE FOR PETITIONER) Digitally signed AND: by PRABHAKAR SWETHA

KRISHNAN         1. THE STATE OF KARNATAKA
Location: High      REPRESENTED BY ITS CHIEF SECRETARY,
Court of            VIDHANA SOUDHA,

Karnataka BANGALORE - 01.

2. THE STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, 4TH FLOOR, BANGALORE - 560 001. -2-

3. BANGALORE INTERNATIONAL AIRPORT

AREA PLANNING AUTHORITY (BIAAPA) NO.333/1, IST FLOOR, V. J. COMPLEX, SULIBELE ROAD, DEVANAHALLI TOWN, BANGALORE RURAL DISTRICT, BANGALORE - 562 110. REPRESENTED BY ITS MEMBER SECRETARY

4. BANGALORE METROPOLITAN REGION DEVELOPMENT AUTHORITY (BMRDA) NO.1, ALI ASKAR ROAD, VASANTH NAGAR, BANGALORE - 560 052. REPRESENTED BY ITS COMMISSIONER

5. SRI V. SHANTH KUMAR CHAIRMAN BIAAPA, S/O. LATE VENKATESHAPPA, AGED ABOUT 44 YEARS, R/AT DYAVARAHALLI VILLAGE, JALIGE POST, KUNDANA HOBLI, DEVANAHALLI TALUK, …RESPONDENTS (BY SMT. NILOUFER AKBAR., AGA FOR R1 & R2; SRI RAVI KUMAR M., ADV. FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF QUO WARRANTO OR ANY OTHER APPROPRIATE WRIT SEEKING TO OUST THE RESPONDENT NO.5 FROM THE POST OF CHAIRMAN, BIAAPA WHOSE APPOINTMENT HAS BECOME ILLEGAL BY VIRTUE OF RESTRICTIONS ENVISAGED UNDER THE APPLICABLE LAWS VIDE ANNEXURE-A AND ETC. -3- THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K V ARAVIND

ORAL ORDER

(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Learned advocate Mr. G.V. Goutham for learned advocate Mr. D. Mohankumara for the petitioner files memo of withdrawal dated 30.07.2024 which reads as under, “The undersigned counsel for the Petitioner prays that this Hon’ble Court be pleased to permit the Petitioner to withdraw the above case as the same is not interested to further adjudication. Hence, this memo in the interest of justice and equity.”

2. Memo is taken on record. Permission is granted to withdraw the petition.

3. In view of the memo, the writ petition is dismissed as withdrawn. (N. V. ANJARIA) CHIEF JUSTICE (K V ARAVIND) JUDGE KPS List No.: 1 Sl No.: 51