IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION Nos.29288-29289/2019 (LA-UDA) BETWEEN:
1. SMT. MAHADEVAMMA W/O LATE THAMMANNA, AGED ABOUT 70 YEARS, 2. SRI RAMANNA S/O LATE THAMMANNA, AGED ABOUT 50 YEARS, 3. SRI LAKSHMANA S/O LATE THAMMANNA, AGED ABOUT 50 YEARS, 4. SMT. THAYAMMA D/O LATE THAMMANNA, AGED ABOUT 47 YEARS, 5. SRI SHIVANANJAPPA S/O LATE THAMMANNA, AGED ABOUT 45 YEARS, 6. SRI MARAPPA S/O LATE THAMMANNA, AGED ABOUT 43 YEARS, 7. SMT. PARVATHI D/O LATE THAMMANNA, AGED ABOUT 41 YEARS, 8. SMT. MINAKSHI D/O LATE THAMMANNA, AGED ABOUT 39 YEARS, 9. SMT. NAGAMMA W/O LATE NANJAPPA, AGED ABOUT 60 YEARS, 10. SRI KALAPPA S/O LATE NANJAPPA, AGED ABOUT 43 YEARS, 11. SRI BASAVARAJU S/O LATE NANJAPPA, AGED ABOUT 40 YEARS, 12. SRI RAJU S/O LATE NANJAPPA, AGED ABOUT 37 YEARS, ALL ARE RESIDING AT #207, LALITHADRIPURA, MYSURU TALUK & DISTRICT-570 028.
... PETITIONERS (BY SRI K.R.LINGARAJU, ADVOCATE) AND:
1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, DR.B.R.AMBEDKAR VEEDHI, BENGALURU-560 001.
2. MYSORE URBAN DEVELOPMENT AUTHORITY REP. BY ITS COMMISSIONER, J.L.B.ROAD, MYSORE-570 007.
3. THE SPECIAL LAND ACQUISITION OFFICER MYSURU URBAN DEVELOPMENT AUTHORITY, MYSORE-570 007.
(BY SRI E.S.INDIRESH, AGA FOR R1 …RESP0NDENTS SRI G.B.SHARATH GOWDA, ADV., FOR R2 & R3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION DATED 13.12.2006 ISSUED BY THE R-2 VIDE ANNX-A PUBLISHED UNDER SECTION 17(1) OF THE KARNATAKA URBAN DEVELOPMENT AUTHORITY ACT, 1987 IN RESPECT OF PETITIONER Nos.1 TO 8 LAND MEASURING 2 ACRES 16 GUNTAS AND PETITIONER Nos.9 TO 12 LAND MEASURING 1 ACRE 06 GUNTAS, BOTH THE LANDS ARE COMES UNDER SURVEY NO.207/4, SITUATED AT LALITHADRIPURA VILLAGE, VARUNA HOBLI, MYSURU TALUK AND DISTRICT (SL.NO.199 IN PRELIMINARY NOTIFICATION) AND GRANT SAME RELIEF AS IT IS ALREADY PASSED IN SIMILAR W.P.NO.7354-7371/2015 (LA-UDA) DATED 30.03.2016 AND W.P.NO.56078/2016 (LA- UDA) DATED 03.11.2016 VIDE ANNX-C & C1 RESPECTIVELY.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri K.R.Lingaraju, learned counsel for the petitioners.
Sri E.S.Indiresh, learned Additional Government Advocate for respondent No.1.
Sri G.B.Sharath Gowda, learned counsel for respondent Nos.2 and 3.
The petitions are admitted for hearing. With the consent of learned Counsel for the parties, the same are heard finally.
2. In these petitions, the petitioners inter alia seek a writ of certiorari for quashment of preliminary notification dated 13.12.2006 issued by respondent No.2 vide Annexure-A insofar as it pertains to the lands of petitioner Nos.1 to 8 measuring 2 acres 16 guntas and petitioner Nos.9 to 12 measuring 1 acre 6 guntas comprised in Sy.No.207/4 situated at Lalithadripura Village, Varuna Hobli, Mysuru Taluk and District.
3. For the reasons assigned by this Court in the order dated 26.06.2019 passed in W.P.Nos.47459-47461/2018, the impugned notification dated 13.12.2006 issued by respondent No.2 is hereby quashed insofar as the petitioners are concerned.
Accordingly, the petitions are disposed of.
Sd/- JUDGE PB