IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24th DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA WRIT PETITION No.17399/2015(LA-UDA) BETWEEN:
Naganna S/o.Late Nannappa Aged about 62 years #7/1, Tammaddageri, Hinkal Post, Mysore-17. ... PETITIONER (By Sri.H.R. Lingaraju, Advocate) AND:
1. Mysore Urban Development Authority, Represented by its Commissioner, J.L.B. Road, Mysore-570 005.
2. The Special Land Acquisition Officer, Mysore Urban Development Authority, J.L.B. Road, Mysore-570 005. ... RESPONDENTS (By Sri. Ajit Kalyan for Sri.Sachin V.R., Advocate) This writ petition is filed under Articles 226 and 227 of the Constitution Of India praying to quash the endorsement dated 12.9.2014 issued by the respondent vide Annexure-A etc.
THIS PETITION COMING ON FOR ORDERS THIS DAY, COURT MADE THE FOLLOWING:
O R D E R This writ petition is listed to consider I.A.No.1/17, which has been filed for disposal of the writ petition.
2. Petitioner’s counsel submits that endorsement No.L.A.C.No.198/85-86 dated 12.09.2014 (Annexure-A) is assailed and direction is sought to the respondents to allot an incentive site to the petitioner pursuant to the resolution dated 22.10.1990 vide Annexure-‘D’ and in terms of the order passed in W.P.No.49502/13 and connected matters disposed of on 2.8.2014 vide Annexure-‘R’.
3. Learned counsel for the petitioner and learned counsel for respondents submit that this writ petition can be disposed of in terms of the judgment dated 31.7.2013 passed by a Division Bench of this Court wherein relief has been granted to the appellant therein by setting aside the judgment of the learned single Judge and by directing Mysuru Urban Development Authority(MUDA) to consider the case of the appellant therein on preferential basis for allotment of a site on sital value to be fixed by MUDA in terms of the amended scheme within a time frame granted by this Court. It is further submitted on behalf of the respective parties that the case of the petitioner being identical with the case of the appellant in W.A.No.2812/13(Sri. Siddegowda .vs. State of Karnataka and others) disposed of on 31.7.2013, direction may be issued accordingly.
4. In the circumstances, endorsement dated 12.9.2014 at Annexure-“A” is quashed. The respondents are directed to consider the case of the petitioner herein for allotment of site in terms of his entitlement on preferential basis on sital value to be fixed by MUDA in terms of the amended scheme, within a period of three months from the date of receipt of a certified copy of this order.
5. Writ petition is disposed of in the aforesaid terms.
6. In view of disposal of the writ petition, I.A.No.1/2017 stands disposed.
Sd/- JUDGE