IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9Th DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.25903 OF 2017 (LA-UDA) BETWEEN:
1. SMT.MEENAKUMARI D/O.LATE K.BYRAPPA AGED ABUT 50 YEARS R/AT CHIKKHALLI VILLAGE VARUNA HOBLI, MYSORE TALUK MYSORE – 570 010 ALSO AT, H/NO.525, 10TH MAIN M.C.LAYOUT, VIJAYANAGAR BENGALURU – 560 040 2. SRI KALLINATH S/O LATE CHANNAPPA AGED ABOUT 50 YEARS R/AT CHIKKHALLI VILLAGE VARUNA HOBLI, MYSORE TALUK MYSORE – 570 010 … PETITIONERS (BY SRI M.SHIVAPRAKASH, ADVOCATE [ABSENT]) AND:
1. THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHANA SOUDHA BANGALORE – 560 001 2. THE SECRETARY HOUSING AND URBAN DEVELOPMENT STATE OF KARNATAKA VIDHANA SOUDHA BANGALORE – 560 001 3. THE COMMISSIONER MYSORE URBAN DEVELOPMENT AUTHORITY MYSORE – 570 001 4. LAND ACQUISITION OFFICER MYSORE URBAN DEVELOPMENT AUTHORITY MYSORE – 570 001 … RESPONDENTS (BY SRI E.S.INDIRESH, AGA FOR R1 & R2;
SRI T.P.VIVEKANANDA, ADVOCATE FOR R3 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION DATED 28.12.2006 (ANNEXURE-F) AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None for the petitioners.
Sri E.S.Indiresh, learned Additional Government Advocate for respondent Nos.1 and 2.
Sri T.P.Vivekananda, learned Counsel for respondent Nos.3 and 4.
2. The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
3. In this petition under Articles 226 and 227 of the Constitution of India, the petitioners inter alia seek a writ of certiorari for quashment of preliminary notification dated 28.12.2006 issued by the respondent No.4 insofar as it pertains to the lands comprised in Sy.No.82/1A measuring 1 acre 17 guntas, Sy.No.82/1B measuring 0.39 guntas and Sy.No.82/2 measuring 2 acres 21 guntas situated at Chikkahalli Village, Varuna Hobli, Mysuru Taluk, Mysuru District.
4. For the reasons assigned by this Court in the order dated 26.06.2019 passed in W.P.Nos.47459 to 47461/2018, the impugned notification dated 28.12.2006 is hereby quashed insofar as the petitioners are concerned.
Accordingly, the petition is allowed.
Sd/- JUDGE LB