IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.14363 OF 2019 (LA-RES) BETWEEN:
SRI. MANOJ KUMAR CHOWTA S/O LATE THYAMPANNA CHOWTA AGED ABOUT 54 YEARS NO.10, NEW SAYAJI RAO ROAD BAMBOO BAZAR, MYSORE.
(BY MR. CHANDRANATH ARIGA K. ADV.) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE VIKASA SOUDHA DR. AMBEDKAR ROAD BENGALURU – 560 001.
2. THE SPECIAL LAND ACQUISITION OFFICER MYSURU URBAN DEVELOPMENT AUTHORITY MYSURU – 570 001.
3. THE DEPUTY COMMISSIONER MYSURU DISTRICT MYSURU – 570 001.
4. THE TAHASILDAR MYSURU TALUK MYSURU – 570 001.
… PETITIONER (BY MR. E.S. INDIRESH, AGA FOR R1, R3 & R4 MR. T.P. VIVEKANANDA, ADV., FOR R2) … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PRELIMINARY NOTIFICATION DATED 15.07.1997 TO THE EXTENT OF SCHEDULE LAND AT SERIAL NO.226 (ANNX-D). DECLARE THAT THE ACQUISITION PROCEEDINGS IN RESPECT OF THE SCHEDULE LAND HAS LAPSED & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Chandranath Argia K., learned counsel for the petitioner.
Mr.E.S.Indiresh, learned Additional Government Advocate for respondent Nos.1, 3 and 4.
Mr.T.P.Vivekananda, learned counsel for respondent No.2.
The writ petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
2. The grievance of the petitioner is that the second respondent Authority has issued a preliminary Notification dated 15.07.1997 under Section 17(1) of Karnataka Urban Development Authority Act, 1987 proposing to acquire the schedule property belonging to the petitioner.
3. The learned counsel appearing for the parties jointly submit that Final Notification dated 29.03.2001 has been issued.
4. It is ex-facie apparent that Sy.No.93/3 measuring to an extent of 1 acre 06 guntas out of 2 acres 12 guntas situated at Kergalli Village, Jayapura Hobli, Mysuru Taluk and District formed in Item No.1 of he Preliminary Notification dated 15.07.1997 is not found in the Final Notification dated 29.03.2001 and the same is acknowledged by the respondent authority. It would indicate that the proposed acquisition of the subject lands has been dropped.
5. In view of the aforesaid, the challenge made to the Preliminary Notification dated 15.07.21997 by the petitioner does not survive for consideration. Accordingly, the writ petition stands dismissed.
Sd/- JUDGE SS