IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.11722 OF 2019 (LA-UDA) BETWEEN:
SRI MAHADEVASWAMY S/O.LATE P.GOVINDAIAH AGED ABOUT 60 YEARS R/AT NO.A74, 7TH CROSS SRIRAMPURAM I STAGE VIVEKANANDA NAGAR MYSURU-570 023 … PETITIONER (BY SRI K.S.NARAYANASWAMY, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPT. OF HOUSING AND URBAN DEVELOPMENT VIKASA SOUDHA, BANGALORE-560 001 2. THE COMMISSIONER MYSORE URBAN DEVELOPMENT AUTHORITY MYSURU-570 001 3. THE LAND ACQUISITION OFFICER MYSORE URBAN DEVELOPMENT AUTHORITY MYSURU-570 001 … RESPONDENTS (BY SRI E.S.INDIRESH, AGA FOR R1;
SRI G.B.SHARATH GOWDA, ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION DATED 04.01.2007 (ANNEXURE-F) UNDER SECTION 17(1) OF THE KARNATAKA URBAN DEVELOPMENT AUTHORITIES ACT, 1987 ISSUED BY THE THIRD RESPONDENT AS UNCONSTITUTIONAL HOLDING THAT THE SCHEME HAS BECOME LAPSED SO FAR AS IT RELATES TO THE LAND BEARING SY.NO.3 MEASURING 6 ACRES 28 GUNTAS SITUATED AT CHOWDAHALLI VILLAGE, KASABA HOBLI, MYSURU TALUK BELONGING TO THE PETITIONER.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri K.S.Narayanaswamy, learned Counsel for the petitioner.
Sri E.S.Indiresh, learned Additional Government Advocate for respondent no.1.
Sri G.B.Sharath Gowda, learned counsel for respondent nos.2 & 3.
2. The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
3. Learned counsel for the parties jointly submit that the controversy involved in the instant petition is squarely covered by the decision of this Court in C.Rangegowda vs. State of Karnataka [2015(4) Kar.L.J. 64].
4. In view of the aforesaid submission and for the reasons assigned in the aforesaid decision, the impugned notification dated 04.01.2007 issued by respondent no.3 under Section 17(1) of the Karnataka Urban Development Authorities Act, 1987 insofar as it pertains to the petitioner is hereby quashed.
Accordingly, the writ petition is allowed.
Sd/- JUDGE hkh.