IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 16TH DAY OF JANUARY,2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 22872 OF 2015 (LA-UDA) BETWEEN:
SRI RAVI GOWDA S/O SMT PUTTARAJAMMA, AGED ABOUT 46 YEARS, R/AT NO.604,7TH CROSS, SWATHANTRA YODHARANAGARA, LAGGERE,BANGALORE-560 058 ... PETITIONER (BY SRI. K DIWAKAR, ADVOCATE) AND:
1. STATE OF KARNATAKA DEPARTMENT OF URBAN HOUSING REPRESENTED BY ITS SECRETARY VIKASA SOUDHA, BANGALORE-560 001 2. MYSORE URBAN DEVELOPMENT AUTHORITY REPRSENTED BY ITS COMMISSIONER MYSORE ... RESPONDENTS (BY SRI. SHARATH GOWDA G B, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION DATED 13.12.2006 ISSUEDBY THE R-2 VIDE ANN-A IN SO FAR AS THE SCHEDULE PROPERTY IS CONCERNED AND ETC., THIS PETITION COMING ON FOR PRELIMINMARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The learned counsel for the petitioner assert and the learned panel counsel for the respondent MUDA does not dispute that the subject matter of this writ petition is substantially similar to the one in W.P.No.50168/2015 (LA-UDA) by a Co-ordinate Bench of this Court vide judgment dated 20.03.2018 which in turn refers to W.P.No.43463/2011 which was disposed by yet another Co-ordinate Bench of this Court vide judgment dated 31.05.2013. Paragraphs 3 and 4 of the judgment reads as under:
“3. Though contentions are urged herein, the details of the same need not be adverted to, inasmuch as this Court while considering the validity of the very same notification dated 12.12.2006 in W.P.No.43463/2011, through the order dated 31.05.2013 was of the opinion that the respondents have not proceeded further pursuant to issue of the preliminary notification. Hence, the project would have to be deemed as abandoned by the respondents. In that view, this Court has quashed the notification, insofar as the petitioner therein is concerned.
4. In that view, in the instant case also, the preliminary notification dated 12.12.2006 shall stand quashed, insofar a the property referred to in the petition and indicated at Sl.No.365 to the said notification. In view of the same, the Revenue Authority shall also take note of this aspect and make appropriate reversal of entries in the revenue records, if such request is made by the petitioner herein”.
2. Learned counsel for the petitioner pressing into service the principle of parity states that the petitioner herein too is entitled to the same relief. No circumstance is pointed out which justifies this Court taking a different path than the one shown by two Co-ordinate Benches of this Court.
3. In view of the above, this writ petition succeeds and is disposed of in terms of paragraphs 3 and 4 of the judgment date 20.03.2018 in W.P.No.50168/2015. Ordered accordingly.
Sd/- JUDGE Snb/