IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.51036/2019 (LA - UDA) BETWEEN:
1. Sri C Krishna Reddy s/o Ashwathnarayana Reddy Aged about 50 years.
2. Sri B Narayana Shetty s/o Byra Shetty Aged about 70 years.
Both are r/o #1562 3rd Floor, 1st Sector H.S.R. Layout Opposite to Agra Lake Bengaluru – 560 102. ... Petitioners (By Sri K R Lingaraju, Advocate) AND:
1. State of Karnataka Represented by its Principal Secretary Urban Development Department Vikasa Soudha, Dr.B R Ambedkar Veedhi, Bengaluru – 560 001.
2. Mysore Urban Development Authority, represented by its Commissioner, I.L.B. Road Mysuru – 570 005.
3. The Special Land Acquisition Officer, Mysuru Urban Development Authority, Mysuru-570 005. …Respondents [By Sri E S Indiresh, AGA for R1, Sri T P Vivekananda, Advocate for R2 and R3) 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 R2 vide Annexure-A published U/S 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 petitioners land bearing Survey No.49/1 measuring 8 guntas situated at Hosahundi Village, Kasaba Hobli, Mysuru Taluk and District (Sy.No.151 in the preliminary Notification) in terms of orders in WP No.18030/2019 (LA-UDA) dated 4.7.2019 vide Annexure-D2.
This petition coming on for preliminary hearing in `B’ group this day, the Court made the following:-
O R D E R The petitioner has challenged the preliminary notification dated 12.12.2006 issued by respondent No.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 petitioners’ land bearing Sy.No.49/1 measuring 8 guntas situated at Hosahundi village, Kasaba Hobli, Mysuru Taluk & District.
2. Learned counsel appearing for the parties submit that the issue involved in this writ petition is squarely covered by the order of co-ordinate Bench of this Court in WP No.18030/2019 disposed of on 4.7.2019, whereby the said preliminary notification dated 12.12.2006 issued by respondent No.2 has been quashed insofar as the petitioners therein are concerned. The petitioners herein being similarly situated are entitled to similar relief in terms of the order referred to above.
3. The said submission is placed on record.
In view of the aforesaid and for the reasons assigned by this Court in the order dated 4.7.2019 passed in WP No.18030/2019, the preliminary notification dated 12.12.2006 vide Annexure-A is hereby quashed insofar as it pertains to the petitioners herein.
Writ petition stands disposed of in terms of above.
Sd/- JUDGE Bkm