IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.50696/2018 (KLR-RR/SUR) BETWEEN :
M.V.Thilakendranath S/o M.V.Venkatappa Aged about 68 years R/at Chowdahalli Village Mysore Poultry Farm H.D.Kote Road, Rayanakere, Mysuru-570 008.
… Petitioner (By Sri Sanchan Jainandan, Advocate for Sri G. Balakrishna Shastry, Advocate) AND :
1. Tahasildar Mysuru Taluk, Mysuru-570 001.
2. Mysore Urban Development Authority Jhansi Laxmibai Road, Mysuru-570 001.
Represented by its Commissioner … Respondents (By Sri Venkatesh Dodderi, AGA for R1;
Sri T.P.Vivekananda, Advocate for R2) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the endorsement dated 12.03.2018 issued by the Tahasildar Mysuru Taluk, Mysuru, produced at Annexure-A and to direct the Tahasildar Mysuru Taluk, Mysuru to delete the entries made in the record of rights in column No.11 in respect of the lands shown in the schedule below regarding “Acquisition of the Lands by MUDA under Notification No.LAQ(1)CR/85-86/05-06”.
This Writ Petition coming on for Preliminary Hearing in ‘B’ Group this day, the Court made the following:-
O R D E R Petitioner has approached this Court impugning endorsement dated 12.3.2018 in No.RRT(ka)PR563/17- 18 issued by the Tahsildar, Mysuru Taluk who is the first respondent in these proceedings. The petitioner is also seeking writ of mandamus to the Tahsildar to delete entries made in Column No.11 of RTC in respect of the lands bearing Sy.Nos.49, 50, 52, 53, 54, 55 and 35 of Chowdahalli Village, Mysuru Taluk, each measuring to different extent as shown in the prayer column to the writ petition.
2. According to the petitioner, the aforesaid lands were subject matter for acquisition by the second respondent-Mysore Urban Development Authority(MUDA) pursuant to the preliminary Notification dated 4.1.2007 issued under Section 17(1) of the Karnataka Urban Development Authorities Act, 1987 seeking to utilize said lands for formation of Swarna Jayanthi Nagara Layout. The petitioner would submit that the said notification was challenged before this Court by filing WP.No.41620/2015 on the ground that though preliminary notification was issued on 4.1.2007, the same was diligently not followed by the second respondent-authority and as such the scheme has lapsed. It is seen that said writ petition is allowed by an order dated 7.9.2017. Thereafter, it is stated that the petitioner herein submitted a representation to the first respondent-Tahsildar of Mysuru Taluk to delete the entries in Column No.11 in respect of survey numbers referred to in the prayer column and referred to supra. Though the said representation was given on 14.11.2017, the first respondent-Tahsildar did not take any action for long time and thereafter has issued an endorsement dated 12.3.2018 vide Annexure-A, which is sought to be challenged in this writ petition.
3. In these proceedings, the second respondent- MUDA is represented by the learned counsel Sri T.P.Vivekananda. This day, he has filed a memo stating that after writ petition filed by the petitioner in WP.No.41620/2015 came to be disposed of by the order dated 7.9.2017, the second respondent-MUDA has not filed any appeal against the said order and it is stated that in the aforesaid background he would also state that on an earlier occasion the Special Land Acquisition Officer of MUDA has written a letter to the first respondent Tahsildar vide letter No.LAQ(1)CR.649/17-18, dated 8.7.2019 indicating the intention of the second respondent-MUDA to file an appeal against the order passed in WP.No.41620/2015, disposed of on 7.9.2017. However in the memo it is clarified that the second respondent-MUDA has not filed the appeal. Therefore it is left for the first respondent-Tahsildar to take necessary steps for removing the entries made in Column No.11 of RTC in respect of each of the aforesaid survey numbers.
4. The said memo is taken on record.
Accordingly, the writ petition is allowed, with a direction to the first respondent-Tahsildar to remove the entries in Column No.11 of RTC in respect of Sy.Nos.49, 50, 52, 53, 54, 55 and 35 of Chowdahalli Village, Mysuru Taluk within fifteen days from the date of receipt of a copy of this order.
Sd/- JUDGE *ck/-