IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA WRIT PETITION No.52233/2019 (LA – UDA) BETWEEN :
1 . SMT. BEERAMMA W/O LATE PUTTAIAH AGED ABOUT 60 YEARS 2 . SMT RATHNA P D/O LATE PUTTAIAH AGED ABOUT 39 YEARS BOTH ARE R/O NO.155 SARAKARI UTHANAHALLI HADAJANA POST, VARUNA HOBLI MYSURU-571311 3 . SMT SAKAMMA W/O LATE H BEERAIAH AGED ABOUT 48 YEARS R/O NO.62, SARAKARI UTHANAHALLI HADAJANA POST, VARUNA HOBLI MYSURU-571311 4 . SRI B YASHAVANTA KUMAR S/O LATE H BEERAIAH AGED ABOUT 40 YEARS 5 . SRI B SIDDARAJU S/O LATE H BEERAIAH AGED ABOUT 36 YEARS PETITIONER No.4 & 5 ARE R/O NO.96/3 SARAKARI UTHANAHALLI HADAJANA POST, VARUNA HOBLI MYSURU-571311 ...PETITIONERS (BY SRI K.R.LINGARAJU, ADV.) AND :
1 . STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA DR B R AMBEDKAR VEEDHI BENGALURU - 560001 2 . MYSURU URBAN DEVELOPMENT AUTHORITY REP BY ITS COMMISSIONER, J L B ROAD, MYSURU - 570005 3 . THE SPECIAL LAND ACQUISITION OFFICER MYSURU URBAN DEVELOPMENT AUTHORITY MYSURU – 570005 …RESPONDENTS (BY SRI E.S.INDIRESH, AGA FOR R-1; SRI H.C.SHIVARAMU, ADV. FOR R-2 & R-3.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION DATED 12.12.2006 ISSUED BY THE R-2 VIDE ANNEXURE-A PUBLISHED UNDER SECTION 17(1) OF THE KARNATAKA URBAN DEVELOPMENT AUTHORITY ACT 1987 FOR FORMATING OF LAYOUT KNOWN AS SHANTHAVERI GOPALAGOWDA LAYOUT 2ND STAGE IN RESPECT OF THE PETITIONER No.1 TO 2 LAND MEASURING 1 ACRE 04.12.00 GUNTAS, BOTH THE LANDS ARE COMES UNDER SURVEY No.30, SITUATED AT SARKARI UTHANAHALLI VILLAGE, VARUNA HOBLI, MYSURU TALUK AND DISTRICT (SL.NO.267 IN THE PRELIMINARY NOTIFICATION) IN TERMS OF ORDERS IN W.P.NO.47098/2013 (LA-UDA) DATED 03.12.2014, W.P.NO.49714-49715/2016 (LA-UDA) DATED 24.10.2016, W.P.NO.45022/2017 (LA-UDA) DATED 26.10.2017, W.P.NO.18030/2019 (LA-UDA) DATED 04.07.2019 AND W.P.NO.50275/2019 (LA-UDA) DATED 11.11.2019 VIDE ANNEXURES-G, G1, G2, G3 AND G4 RESPECTIVELY.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In this petition, the petitioners inter alia seek a writ of certiorari for quashing of preliminary notification dated 12.12.2006 issued by the respondent No.2 vide Annexure-A insofar as it pertains to the lands of the petitioner Nos.1 and 2, measuring 1 acre 04.12.00 guntas, petitioner Nos.3 to 5, measuring 1 acre 04.12.00 guntas both the lands comprised in Sy.No.30, situated at Sarkari Uthnahalli Village, Mysuru Taluk and District.
2. Learned counsel appearing for the parties submit ad idem that the subject matter involved herein is squarely covered by the order of the Cognate Bench of this Court dated 04.09.2019 passed in W.P.No.18030/2019.
3. The said submission is placed on record.
4. For the reasons assigned by this Court in the order referred to above and the order of this Court dated 26.06.2019 passed in W.P.Nos.47459- 47461/2018, the impugned notification dated 12.12.2006 at Annexure-A is quashed insofar as it pertains to the land of the petitioners.
Accordingly, writ petition stands disposed of.
Sd/- JUDGE Msu