Case Note & Summary
The petitioner, Sri Munigangaiah, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the preliminary notification dated 29.12.2012 issued under Section 3(1) of the Karnataka Industrial Area Development Board Act, 1966 (KIADB Act) and the final notification dated 31.08.2018 issued under Section 28(4) of the KIADB Act, concerning his land in Billanakote Village, Nelamangala Taluk. The respondents were the State of Karnataka, the Chief Executive Officer of KIADB, the Secretary of KIADB, and the Special Land Acquisition Officer. During the hearing, the petitioner's counsel filed a memo for withdrawal of the writ petition. However, the memo was not signed by the counsel. Due to the COVID-19 pandemic, the counsel was not physically present to rectify the objection regarding the missing signature. The court, taking note of the circumstances, permitted the petitioner to withdraw the writ petition subject to the signing of the memo. Consequently, the writ petition was disposed of as withdrawn. No legal issues were adjudicated on merits.
Headnote
A) Land Acquisition - Withdrawal of Writ Petition - Unsigned Memo - The petitioner sought to withdraw the writ petition challenging notifications under Sections 3(1) and 28(4) of the Karnataka Industrial Area Development Board Act, 1966. The memo for withdrawal was not signed by the petitioner's counsel due to the COVID-19 pandemic. The court permitted withdrawal subject to signing of the memo, disposing of the petition. (Paras 1-2)
Issue of Consideration
Whether the writ petition can be withdrawn when the memo for withdrawal is not signed by the petitioner's counsel.
Final Decision
Writ petition disposed of as withdrawn, subject to signing of the memo for withdrawal by the petitioner's counsel.
Law Points
- Withdrawal of writ petition
- Memo for withdrawal must be signed by counsel
- COVID-19 pandemic considerations
