IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.50275/2019 (LA – UDA) BETWEEN:
1 . SMT.SHIVAMMA W/O LATE MAHADEVAPPA AGE ABOUT 76 YEARS, R/O 26 TUMNERALE, NANJANGUD TALUK NANJANGUD, MYSURU-571 301 2 . SRI BASAVANNA S/O LATE MAHAEVAPPA AGED ABOUT 60 YEARS, R/O NO.754/1, LINGAYITHA BEEDI LALITHADRIPURA, ALANAHALLI MYSURU-570028 …PETITIONERS (BY SRI K.R.LINGARAJU, ADV.) AND:
1 . STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA, Dr. B.R.AMBEDKAR VEEDHI, BENGALURU-560 001.
2 . MYSORE URBAN DEVELOPMENT AUTHORITY REP. BY ITS COMMISSIONER.
J.L.B. ROAD, MYSURU-570005 3 . THE SPECIAL LAND ACQUISITION OFFICER MYSORE URBAN DEVELOPMENT AUTHORITY, MYSURU-570005. …RESPONDENTS (BY SRI E.S.INDIRESH, AGA FOR R-1; SRI H.C.SHIVARAMU, ADV. FOR R-1 & R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PRELIMINARY NOTIFICATION DATED 12.12.2006, ISSUED BY THE R-2, VIDE ANNEXURE-A, PUBLISHED UNDER SECTION 17(1) OF THE KARNATAKA URBAN DEVELOPMENT AUTHORITY ACT, 1987 FOR FORMATION OF LAYOUT KNOWN AS SHANTHAVERI GOPALAGOWDA LAYOUT, 2ND STAGE, IN RESPECT OF THE PETITIONER No.1 LAND BEARING SY.NO.79/1A, MEASURING 30 GUNTAS AND PETITIONER No.2 LAND BEARING SY.NO.79/3, MEASURING 1 ACRE 20 GUNTAS, BOTH THE LANDS ARE SITUATED AT SARKARI UTHANAHALLI VILLAGE, VARUNA HOBLI, MYSURU TALUK AND DISTRICT (SL.NO.346, 351 IN THE PRELIMINARY NOTIFICATION) IN TERMS OF ORDERS IN W.P.NO.47098/2013 (LA-UDA) DATED 03.12.2014, W.P.NO.49714-49715/2016 (LA-UDA) DATED 24.10.2016, W.P.NO.45022/2017 (LA-UDA) DATED 26.10.2017 AND W.P.NO.18030/2019 (LA-UDA) DATED 04.07.2019 VIDE ANNEXURE-E, E1, E2 AND E3 RESPECTIVELY.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R In this petition, the petitioners inter alia seek a writ of certiorari for quashing of preliminary notification dated 12.12.2006 issued by the respondent No.2 vide Annexure-A insofar as it pertains to the lands of the petitioner No.1 measuring 30 guntas comprised in Sy.No.79/1A; and petitioner No.2’s land bearing Sy.No.79/3 measuring 1 acre 20 guntas, both the lands situated at Sarkari Uthanahalli village, Varuna Hobli, Mysuru Taluk and District.
2. Learned counsel appearing for the parties submit ad idem that the subject matter involved herein is squarely covered by the order of the Cognate Bench of this Court dated 04.09.2019 passed in W.P.No.18030/2019.
3. The said submission is placed on record.
4. For the reasons assigned by this Court in the order referred to above and the order of this Court dated 26.06.2019 passed in W.P.Nos.47459- 47461/2018, the impugned notification dated 12.12.2006 at Annexure-A is quashed insofar as it pertains to the lands of the petitioners.
Accordingly, writ petition stands disposed of.
Sd/- JUDGE NC.