IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI WRIT PETITION NO.13056 OF 2019 (LA-UDA) BETWEEN:
NAGARATHNA W/O.T.VENKATESH AGED ABOUT 55 YEARS OCC. AGRICULTURIST R/O. D.NO.2697 KANNEGOUDANAKOPPALU HOSABEEDI, 2ND CROSS CHAMRAJ MOHALLA MYSORE-570 001 … PETITIONER (BY SRI.MAHANTESH S. HOSMATH, ADV.) AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPT. OF URBAN DEVELOPMENT AUTHORITY M.S.BUILDING BANGALORE-560 001 2. THE MYSORE URBAN DEVELOPMENT AUTHORITY BY ITS COMMISSIONER J.L.B. ROAD MYSORE-570 001 3. THE SPL. LAND ACQUISITION OFFICER MYSORE URBAN DEVELOPMENT AUTHORITY J.L.B.ROAD, MYSORE-570 001 (BY SRI.E.S.INDIRESH, AGA FOR R-1 SRI.H.C.SHIVARAMU, ADV. FOR R-2 & R-3) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH IMPUGNED PRELIMINARY NOTIFICATION DATED: 10.07.1992 ISSUED BY COMMISSIONER MUDA MYSORE SO FAR AS SERIAL NO.181 IS CONCERNED WHICH IS PRODUCED AT ANNEXURE-D AND THE FINAL NOTIFICATION DATED: 19.03.1996 ISSUED BY UNDER SECRETARY GOVT. OF KARNATAKA SO FAR AS SERIAL NO.155 IS CONCERNED WHICH IS PRODUCED AT ANNEXURE-E AND ETC.
THIS PETITION IS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In the instant petition, petitioner has sought for the following relief:
Writ of certiorari by quashing impugned preliminary notification No.PRA BHU SWA.10/92-93 dated 10.7.1992 issued by Commissioner MUDA Mysore so far as serial No.181 is concerned which is produced at Annexure-D and the final notification No.VNE 639 MIB 93 dated 19.3.1996 issued by under Secretary Govt. of Karnataka so far as serial No.155 is concerned which is produced at Annexure-E.
2. Learned counsel for the petitioner submitted that matter is squarely covered by two decisions of this Court vide Annexures – F and G.
3. On the other hand, learned counsel for the respondents have not disputed. Accordingly, writ petition stands allowed in terms of Annexures – F and G while quashing preliminary notification No. PRA BHU SWA.10/92-93 dated 10.7.1992 issued by Commissioner MUDA Mysore, insofar as petitioner land situated at Sy.No.230/2 of Bogadi Village, Mysore Taluk.
Sd/- JUDGE BS