- 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY 2015 PRESENT THE HON’BLE MR. JUSTICE K.L.MANJUNATH AND THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT APPEAL NOS.2823-2825/2013 & WRIT APPEAL NO.850/2014 (LA-BDA) C/W WRIT APPEAL NOS.2820-2822 OF 2013 (LA-BDA) IN W.A NOS.2823-25/2013 & W.A NO.850/2014 BETWEEN 1. SRI H S MALLESH S/O H.L.SADSAHIVAIAH, AGED ABOUT 58 YEARS, R/AT OF ULLALU VILLAGE, YESHAWANTHAPURA HOBLI, BANGALORE NORTH TALUK. 2. SRI RUDRAMURTHY S/O H.L.SADASHIVAIAH, AGED ABOUT 55 YEARS, R/AT OF ULLALU VILLAGE, YESHAWANTHAPURA HOBLI, BANGALORE NORTH TALUK. 3. SRI H.S.JAYASHANKAR S/O H.L.SADASHIVAIAH, AGED ABOUT 52 YEARS, R/AT OF ULLALU VILLAGE, YESHAWANTHAPURA HOBLI, BANGALORE NORTH TALUK. 4. SRI.H.S.RENUKARADHYA S/O H.L.SADHASHIVAIAH, AGED ABOUT 55 YEARS, - 2 - R/AT OF ULLALU VILLAGE, YESHAWANTHAPURA HOBLI, BANGALORE NORTH TALUK-560 056. ... APPELLANTS (By M.R.Naik, Sr. Counsel for Sri M R Rajagopal, Adv.) AND 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT M.S.BUILDING, BANGALORE-560001 2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, BANGALORE-560020. 3. THE ADDITIONAL LAND ACQUSITION OFFICER BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, BANGALORE-560020. ... RESPONDENTS (By Sri. D.Nagaraj, AGA for R1, Sri B V Shankaranarayana Rao, Adv. for R2 & R3) These Writ Appeals filed u/s 4 of the Karnataka High Court Act praying to set aside the order passed in the Writ Petition No. 43613-616/11 dated 4/03/2013. IN WA NOS. 2820-2822/2013 BETWEEN 1. SHRI H M RENUKARADHYA S/O LATE MARIHANUMAIAH, AGED ABOUT 52 YEARS, R/AT SY.NO.153/1, ULLALU VILLAGE, YESHAWANTHAPUR HOBLI, - 3 - BANGALORE NORTH TALUK, BANGALORE-560022. 2. SRI SIDDALINGAPPA S/O LATE MARIHANUMAIAH, AGED ABOUT 46 YEARS, R/AT SY.NO.153/1, ULLALU VILLAGE, YESHAWANTHAPUR HOBLI, BANGALORE NORTH TALUK, BANGALORE-560022. ... APPELLANTS (By Sri. M.R.Naik, Sr. Counsel for Sri M R Rajagopal, Adv.) AND 1. STATE OF KARNATAKA BY ITS SCRETARY DEPARTMNT OF REVNUE, VIDHANA SOUDHA, BANGALORE-560 001. 2. STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF URBAN DEVELOPMENT, M.S.BUILDING, BANGALORE-560 001. 3. THE COMMISSIONER BANGALORE DEVELOPMENT AUDHTORITY, KUMARA PARK WEST, T.CHOWDAIAH ROAD, BANGALORE-560026. ... RESPONDENTS (By Sri. D.Nagaraj, AGA for R1 and R2 Sri A M Vijay, Adv. for R3) These Writ Appeals filed u/s 4 of the Karnataka High Court Act praying to set aside the order passed by the learned single judge dated 04/03/2013 in writ petition No.18139-141/2011 only in so far as it related to Sy.No.156/2 and 156/3 in respect of 1 acre 2 guntas and 1 - 4 - acre 28 guntas respectively and consequently allow the writ petition filed by the appellants upon extended such reliefs as prayed therein. These Appeals coming on for Preliminary Hearing , this day, K.L.Manjunath J. , delivered the following: JUDGMENT Mr.M.R.Naik, learned Senior Counsel for the appellants after arguing the matter for sometime contends that the appellants may be permitted to withdraw the writ appeals with liberty to file a review petition on the ground that the appellants herein had contended before the learned Single Judge that acquisition proceedings are required to be quashed, in view of the law laid down by the Hon’ble Supreme Court in the case of Hari Ram & Anr. Vs. State of Haryana & Ors. reported in 2010 AIR SCW 1726 . 2. According to the Senior Counsel, the above said judgment was cited and the same has not been considered by the learned Single Judge. Therefore, he would like to file a review petition. - 5 - 3. Accordingly, these appeals are dismissed as withdrawn with liberty to file a review petition. Sd/- JUDGE Sd/- JUDGE JT/- .