IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION Nos.31052-31056/2013 & 31057- 31058/2013 (LB - RES) Between 1. Shivanna s/o late Papanayaka Aged about 52 years r/a Old Cauvery Gramina Bank Road, Nayakara Beedhi, Hinakal Mysore Taluk Mysore District Mysore-570017.
2. Ms.Mamatha, d/o Shivanna Aged about 23 years r/a Old Cauvery Gramin Bank Road, Nayakara Beedhi, Hinakal Mysore Taluk Mysore District Mysore-570017.
3. Ms.Shilpa, d/o Shivanna Aged about 22 years r/a Old Cauvery Gramin Bank Road, Nayakara Beedhi, Hinakal Mysore Taluk Mysore District 59 Mysore-570017.
4. Smt.Lakshmamma w/o Deva Nayak Aged about 54 years r/a Old Cauvery Gramin Bank Road, Nayakara Beedhi, Hinakal Mysore Taluk Mysore District 59 Mysore-570017.
5. Siddaraju s/o Devanayak Aged about 39 years r/a Old Cauvery Gramina Bank Road, Nayakara Beedhi, Hinakal Mysore Taluk Mysore District 59 Mysore-570017.
6. Mr. Devaraju s/o Devanayak Aged about 52 years r/a Old Cauvery Gramin Bank Road, Nayakara Beedhi, Hinakal Mysore Taluk Mysore District 59 Mysore-570017.
Since dead, by L.Rs.
6(a) Geetha, w/o late Devaraju Age 29 years.
6(b) Dhanalakshmi d/o late Devaraju Age 12 years.
6(c) Gagana, d/o late Devaraju Age 10 years.
Petitioners 6(a) to 6(c) are r/a # 285, Nayakara Beedi Hinkal, Mysuru – 570 017 The petitioner No.6(a) being mother is representing her minor children the petitioner Nos.6(b) and 6(c).
(amended as per Court order Dtd:14.1.2019) 7. Mr.Kumara s/o Devanayak Aged about 29 years r/a Old Cauvery Gramin Bank Road, Nayakara Beedhi, Hinakal Mysore Taluk Mysore District 59 Mysore-570017. .. Petitioners (By Sri K R Lingaraju, Advocate for petitioner Nos.1 to 5 & 7) And The Commissioner Mysore Urban Development Authority, Mysore-570024. .. Respondent (By Sri H C Shivaramu, Advocate) These writ petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the endorsement dated 17.4.2013 passed by the respondents for all 7 annexures vide Annexures-D1 to D7 to the writ petitions and all the numbers of Annexures-D1 to D7 are respectively same and direct to allot the sites to the petitioners in the layout formed in the lands of the petitioners.
These writ petitions coming on for orders this day, the Court passed the following: -
ORDER Petitioners stated to be the joint owners of land in Sy.No.33 measuring 3 acres 21 guntas situated at Basavanhalli village, Kasaba Hobli, Mysore Taluk, have filed the present writ petitions seeking issuance of an appropriate writ in the nature of certiorari to quash the endorsements at Annexures-D1 to D7 and has further sought for a direction to the respondent to allot a site in the layout formed.
2. Petitioners had initially challenged the validity of the notification relating to acquisition of land of Vijayanagara 4th stage in WP Nos.46734-40/2011. The said writ petitions came to be disposed of rejecting the contentions raised as regards the validity of the acquisition notification, but directed the respondent to consider the representation dated 19.7.2011 made by the petitioners seeking allotment of site in the layout formed. The said representations came to be rejected by virtue of endorsements vide Annexures-D1 to D7 stating that the request of the petitioners cannot be considered. Hence, the petitioners have challenged the validity of the notification.
3. Petitioners rely on the judgment passed by this Court in WP No.1113/2006. While this Court in similar circumstances has held that the challenge by the petitioners as regards the acquisition would not be a bar to consider allotment of sites under the incentive scheme and relying on the order passed in WP Nos.15618- 650/1995 had allowed the petitions and had directed the respondent to consider the claim of land owners for allotment of site under the incentive scheme in terms of the resolution dated 22.10.1990.
4. Learned counsel appearing for the respondent has urged several contentions, but however states that the order could be passed in terms of the order passed in WP No.1113/2006. Accordingly, petitioners’ representations rejected by virtue of endorsements vide Annexures-D1 to D7 are set aside. The representations of the petitioners to be considered afresh in terms of their entitlement in the light of resolution dated 22.10.1990.
Accordingly, writ petitions stand disposed of .
The respondent – Authority to consider the representations and dispose off the same expeditiously in the light of observations made in WP No.1113/2006 disposed of on 4.1.2012.
Sd/- JUDGE Bkm