IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18th DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.17102-106 OF 2017 (LA-KHB) BETWEEN:
1. SRI M N SRIRAMALU S/O LATE NARASIMHAIAH AGED ABOUT 58 YEARS RESIDING AT NO.6 JAGAJEEVANA RAMANAGAR MAIN ROAD NEAR SHANESHWARA TEMPLE BENGALURU – 560 018 2. SRI M N RAJANNA S/O LATE NARASIMHAIAH AGED ABOUT 60 YEARS RESIDING AT NO.354 13TH MAIN 17TH CROSS VENKATASWAMY GARDEN BENGALURU – 560 026 3. SMT SALAT MARY S/O LATE NARASIMHA MURTHY AGED ABOUT 46 YEARS RESIDING AT NO.552 7TH MAIN VENKATASWAMY GARDEN BENGALURU – 560 026 4. SRI N NARASIMHAIAH S/O LATE NARASIMHAIAH AGED ABOUT 50 YEARS RESIDING AT NO.45 4TH OBALESH COLONY JAGAJEEVANARAM NAGAR SOUTH BENGALURU – 560 018 5. SRI M N VENKATARAM S/O LATE NARASIMHAIAH AGED ABOUT 58 YEARS RESIDING AT NO.42 B STREET RAYAPURAM CROSS JAGAJEEVANARAMANAGAR MAIN BENGALURU – 560 018.
(By MR. VISHWANATHA K, ADV.) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY GOVERNMENT URBAN DEPARTMENT M S BULDING DR AMBEDKAR VEEDHI BENGALURU-560001 2. THE KARNATAKA HOUSING BOARD REPRESENTED ITS COMMISSIONER CAUVERY BHAVAN, K G ROAD BENGALURU-560001 3. SPECIAL LAND ACQUISITION OFFICER KARNATAKA HOUSING BOARD BENGALURU – 560 009 4. SRI M N RAMACHANDRA S/O LATE NARASIMHAIAH AGED ABOUT 45 YEARS R/A NO.24 NEAR MARAMMA TEMPLE JAGAJEEVANARAMANAGAR MAIN ROAD BENGALURU-560018 5. SRI M N ANAND @ M N PURNA ANANDA S/O LATE NARASIMHAIAH AGED ABOUT 39 YEARS R/A NO.24, NEAR MARAMMA TEMPLE JAGAJEEVANARAMANAGAR MAIN ROAD BENGALURU-560018 6. SRI M N JAYARAM S/O LATE NARASIMHAIAH AGED ABOUT 62 YEARS R/A NO.42, B STREET RAYAPURAM CROSS … PETITIONERS JAGAJEEVANARAMANAGAR MAIN BENGALURU-560018 7. SRI M N VENKATESH S/O LATE NARASIMHAIAH AGED ABOUT 58 YEARS R/A NO.42, B STREET RAYAPURAM CROSS JAGAJEEVANARAMANAGAR MAIN BENGALURU-560018 (By MR. E S INDIRESH, AGA FOR R1, … RESPONDENTS MR. BASAVARAJ V SABARAD, ADV. FOR R2 & R3, MR. N SRIDHAR, ADV. FOR R4 T0 R7) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 TO 3 AUTHORITITIES TO DECLARE THE SCHEME FORMULATED BY THEM HAS BEEN PAPSED IN RESPECT OF LAND BEARING SY NO.21/2 MEASURING TO AN EXTENT OF 7 ACRES 32 GUNTAS, SITUATED AT CHUNCHANGUPPE VILLAGE TAVAREKERE HOBLI, BENGALURU SOUTH TALUK, AS NOT TAKEN POSSESION IN PURSAUNCE OF THE ACQUISITION NOTIFICATION DTD:19.3.2011 AND FINAL NOTIFICATION DTD:27.11.2012 PUBLISHED ON 14.2.2013 VIDE ANEXURE-E AND F ISSUED BY R-
2 AND 3 FOR FORMATION OF KARNATAKA HOUSING BOARD LAYOUT AND CONSIDER THE REPRESENTATION DTD:9.1.2017 AS PER ANNEXURE-K SUBMITTED BY THE PETITIONERS DTD:9.1.2017 , AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Vishwanatha K., learned counsel for the petitioner.
Mr.E.S.Indiresh, learned Additional Government Advocate for the respondent No.1.
Mr.Basavaraj V.Sabarad, learned counsel for the respondent Nos.2 and 3.
2. The petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
3. In these petitions under Article 227 of the Constitution of India, the petitioners inter alia seek a direction to the respondent Nos.1 to 3 authorities to declare that the scheme formulated by them has been lapsed in respect of land pertaining to the petitioners.
4. When the matter was taken up today, learned counsel for the petitioners submits that the respondent No.3 be directed to consider the representation submitted by the petitioners as per Annexure-K in a time bound manner.
5. In view of the aforesaid submissions, the petitions are disposed of with a direction to the respondent No.3 to consider the representation submitted by the petitioners as per Annexure-K within two weeks from the date of receipt of certified copy of the order passed today by a speaking order in accordance with law. It is made clear that this Court has not expressed any opinion on the merits.
Sd/- JUDGE RV