IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION Nos.31871-72/2018 (LB UC) BETWEEN:
1. Mr.Praveen Bolar, S/o Sri.B.Shekar, Aged 49 years, 2. Mrs.Sumitra Praveen Bolar, W/o Mr.Praveen Bolar, Aged 41 years, Both are R/at. ‘Sharada Cottage’, Near Gujjerekere, Jeppu Market Road, Mangalore Taluk-575 003.
(By Sri.B.V.Krishna, Advocate) AND:
1. State of Karnataka, Rep.by its Secretary, Urban Development Department, M.S. Building, Vidhana Veedi, Bengaluru-560 009.
2. Mangaluru City Corporation, Represented by the Commissioner, Lalbhag, Mangalore-575 00.
(By Sri.M.A.Subramani, HCGP for R1 Sri.K.V.narasimhan, Advocate for R2) ... Petitioners ... Respondents **** These Writ Petition are filed under Article 226 of the Constitution of India praying to quash the order dated 13.07.2018 passed in proceedings by the R-2 vide Annexure- A as Null and Void, violating the principles of natural justice and totally illegal and etc., These Writ Petitions coming on for Orders this day, the Court made the following:
ORDER The petitioners claiming to be the owners of RS.125/36B measuring 8.25 cents in Survey No.87/B at Kadri, Mangalore Taluk, Dakshina Kannada District.
2. The writ petitioners have challenged the order at Annexure-A whereby the sanction plan for putting up of construction granted to the petitioners came to be revoked consequent to the order passed by the development authority dated 04.07.2018.
3. The petitioners point out that order of the development authority canceling the single site development plan dated 04.07.2018 was challenged in the WP.Nos.31868-69/2018 and this Court has set aside the order dated 04.07.2018 and remanded the matter back for fresh re-consideration. The petitioner states that pursuant to the order dated 14.08.2018, passed in WP.Nos.31868-69/2018, the Mangalore Urban Development Authority has withdrawn the order dated 04.07.2018 and granted approval for single site development plan. It is noted that the order at Annexure-A is passed primarily on the premise that Mangalore Urban Development Authority has revoked the approval for single site development plan on 04.07.2018.
4. In the light of the order passed in WP.Nos.31868-69/2018 as well as order dated 04.10.2018 passed by Mangalore Urban Development Authority, the order at Annexure-A does not survive.
5. In the light of the subsequent developments Annexure-A is set aside.
Accordingly, petitions are disposed of.
The memo filed by learned counsel which contains the order passed in WP.Nos.31868-69/2018 and the order of Mangalore Urban Development Authority dated 04.10.2018, is taken on record.
Sd/- JUDGE SB