IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA Writ Petition No. 34644 OF 2017 (KLR-RES) Between:
Ozone Urbana Infra Developers Private Ltd., (Formerly known as Mfar Infrastructure Development Pvt. Ltd., and Ozone Urbana Land Developers Private Ltd.,) a company registered under Companies Act, 1956 having its Regd. Office at No.38, Ulsoor Road, Bengaluru – 560 042 Represented by its authorized Signatory, Mr. Mahesh V ... Petitioner (By Sri. D.R. Ravishankar, Advocate) And:
1. The State of Karnataka, Represented by its Principal Secretary, Department of Revenue, M.S. Building, Dr.Ambedkar Veedhi, Bengaluru – 560 001.
2. Karnataka Industrial Areas Development Board (KIADB) Bangalore – 560 001.
(Deleted vide order dt: 22.09.2017) 3. The Assistant Commissioner Doddaballapur Sub-Division, Doddaballapur – 561 203, Bengaluru Rural District.
4. Sri. S. Narayanappa (Deleted vide order dt: 22.09.2017) 5. The Tahsildar Devanahalli Taluk, Devanahalli, Bengaluru Rural District – 562 110.
… Respondents (By Smt. Pramodini Kishan, AGA for R-1, 3 & 5 V/o dated 22.09.2017 R-2 & 4 deleted);
This Writ Petition is filed under Articles 226 & 227 of the Constitution of India praying to set aside the orders passed by the respondent No.3 in proceedings dated 20.05.2017 only to the extent of directing the taking over of possession and the cancellation of entries in column Nos.9 and 12(2) of RTC at Annexure-H and also consequently direct the entry of the State in such entries in terms of the order passed by this Hon’ble Court in W.A. No.4450/20017 dated 19.07.2017 at Annexure-K.
This Petition coming on for Orders this day, the court made the following:
O R D E R The petitioner filed the present writ petition for writ of certiorari to quash the order dated 20.05.2017 made in R.U.C. (A) No.9/2014-15 only to the extent of directing to take over of possession and cancellation of entries in column Nos.9 and 12(2) of RTC as per Annexure – H and also consequently direct the entry of the State in such entries in terms of the order passed by this Court in W.A.No.4450/2017 dated 19.07.2017 as per Annexure – K.
2. It is the case of the petitioner that the State High Level Clearance Committee approved the petitioner to undertake an integrated township pursuant to which the Government Order was issued on 19.11.2008 under the provisions of Karnataka Industries (Facilitation) Act, 2002. On 13.10.2011 an extent of property measuring 21 acres 35 guntas pertaining to Kannamangala Village, Kasaba Hobli, Devanahalli Taluk, Bengaluru Rural District including new Survey No.105 forming part of erstwhile Sy.no.90 measuring to an extent of 30 guntas was notified under Preliminary Notification on 22.10.2009 under Section 3(1) of the Karnataka Industrial Area Development Act and Final Notification came to be issued on 13.05.2010. The 2nd respondent KIADB has handed over the possession totally measuring 20 acres 36 guntas of land to the petitioner as per possession certificate dated 13.10.2011.
3. The 3rd respondent Assistant Commissioner issued notice seeking to cancel the grant of erstwhile owners of Sy.no.105. The petitioner challenged the said notice in W.P.No.49889/2014 which came to be dismissed on 01.12.2014 with the following observation:
“As the acquisition of the land in question by KIADB is not a subject matter of challenge in any proceeding before any authority or Court and further the land in question has been allotted through KIADB to the petitioner by orders passed in accordance with law, the petitioner can have no apprehension about the notice issued to Narayanappa..
Subject to the aforesaid observations, writ petition stands dismissed”.
4. Thereafter, the 3rd respondent Assistant Commissioner has passed order on 20.05.2017 canceling the grant with observation that all proceedings / transactions are declared as null and void and the land shall be taken possession to the State Government and the name of the State Government to be recorded in column Nos.9 and 12(2) of RTC. Hence, the petitioner filed the present writ petition.
5. After arguing the matter at length, the learned counsel for the petitioner as well learned AGA on instructions fairly submits that issues involved in the writ petition is already covered by this Court in W.P.No.34646/2017 C/w W.P.No.34647/2017 dated 23.08.2017 relying upon the judgment of the Division Bench of this Court made in W.A.No.4450/2017 dated 19.07.2017.
6. The said fair submissions are placed on record.
7. Accordingly, the writ petition is allowed in part. The order passed by the Assistant Commissioner is modified by setting aside the same insofar as it relates to the direction to delete the name of the petitioner from the Record of Rights and to take over possession of the same to State Government.
Sd/- JUDGE UN