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.55603/2018 (LA – UDA) BETWEEN:
SRI K.SHESHADRI S/O LATE KRISHNAMURTHY, AGED ABUOT 73 YEARS, NO.91, "SHRI NILAY"
2ND MAIN, MILK CENTRE ROAD, VIDYA RANYA PURUM, MYSORE-570008. …PETITIONER (BY SMT.VIDAYA JAHAGIRDAR, ADV.) AND:
1 . THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, VIDHANA SOUDHA, BENGALURU-570001.
2 . THE COMMISSIONER MYSORE URBAN DEVELOPMENT AUTHORITY, J.L.B.ROAD, MYSORE-570007 …RESPONDENTS (BY SRI E.S.INDIRESH, AGA FOR R-1; SRI H.C.SHIVARAMU, ADV. FOR R-2.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ACQUISITION PROCEEDINGS, PRELIMINARY NOTIFICATION ISSUED UNDER SECTION 17(1) OF KARNATAKA URBAN DEVELOPMENT AUTHORITY ACT, 1987 DATED 09.10.2006 ISSUED BY THE MUDA VIDE ANNEXURE-F.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned counsel appearing for the parties.
2. The petitioner has challenged the Preliminary Notification issued under Section 17[1] of the Karnataka Urban Development Authority Act, 1987 in No.LAQ[1] CR/79/2005-06 dated 09.10.2006 issued by the MUDA – the respondent No.2 insofar as it pertains to the lands of the petitioner measuring 1 acre 3 guntas in Sy.Nos.62/1A1, 62/1A2 and 62/1B, situated at Yadahalli Village, Jayapure Hobli, Mysore Taluk.
3. Learned counsel appearing for the petitioner would submit that the issue involved is no more res integra in view of the order of this Court in W.P.No.56078/2016 disposed of on 03.11.2016 and W.P.Nos.47459-61/2018 dated 26.06.2019.
4. For the reasons assigned in the aforesaid matters, the impugned Notification dated 09.10.2006 issued by the MUDA is hereby quashed insofar as the lands of the petitioner is concerned.
Writ petition stands disposed of in terms of the above.
In view of disposal of the writ petition, all the pending I.As stand disposed of.
Sd/- JUDGE NC.