IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR.JUSTICE P. B. BAJANTHRI WRIT PETITION No.36142 OF 2019 (LA-UDA) Between:
1. Sri Siddegowda S/o Late Siddegowda Aged about 79 years R/o # 626, Okkaliga Road Lalithadripura Mysuru – 570028 2. Smt. Chikka Venkatamma W/o Siddegowda D/o Late Siddegowda Aged about 73 years R/o # 626/2 Lalithadripura Mysuru – 570028 3. Smt. Devamma W/o J.Maadu D/o Late Siddegowda Aged about 66 years R/o #323, 2nd Cross ‘A’ and ‘B’ Block Navilu Road Kuvempunagara Mysuru – 570023 4. Smt. Chikka Maramma W/o Kalegowda D/o Late Siddegowda Aged about 53 years R/o # 635/1, Varuna Hobli Lalithadripura Mysuru - 570028.
(By Sri K.R.Lingaraju, Advocate) And 1. State of Karnataka Represented by its Principal Secretary Urban Development Department Vidhana Soudha Dr. B.R.Ambedkar Veedhi Bengaluru – 560001 2. Mysore Urban Development Authority Represented by its Commissioner J.L.B.Road Mysuru – 570007 .. Petitioners 3. The Special Land Acquisition Officer Mysuru Urban Development Authority Mysuru -570 007.
.. Respondents (By Sri E.S.Indiresh, AGA for R1 Sri G.D.Sharath Gowda, Advocate for R2 & R3) This Writ Petition is filed under Articles 226 and 227 of Constitution of India praying to quash the Preliminary Notification bearing No.LAQ(4) CR 31/2005- 06 dated 13/12/2006, issued by the Respondent No.2 vide Annexure-A. published under Section 17(1) of the Karnataka Urban Development Authority Act, 1987 in respect of petitioners land bearing survey No.104/5 measuring 0.03.00.00 guntas situated at Lalithadripura Village, Varuna Hobli, Mysuru Taluk and District, (Sl.No.48 in Preliminary Notification) and grant same relief as it is already passed in similar W.P.No.56078/2016 (LA-UDA) dated 03/11/2016 and W.P.No.29288-89/2019 (LA-UDA) dated 12/07/2019 vide Annexure-C & C1 respectively.
This Writ Petition coming on for Orders this day, the Court made the following:-
ORDER Learned AGA accepts notice for respondent No.1. Sri. G.D.Sharath Gowda, learned counsel accepts notice for respondent Nos.2 and 3.
2. In the instant petition, petitioners have sought for the following reliefs:-
a) Issue a writ or order in the nature of Certiorari quashing the Preliminary Notification bearing No.LAQ(4) CR 31/2005-06 dated 13/12/2006, issued by Respondent No.2 vide Annexure-A. published under Section 17(1) of the Karnataka Urban Development Authority Act, 1987 in respect of petitioners land bearing survey No.104/5 measuring 0.03.00.00 guntas situated at Lalithadripura Village, Varuna Hobli, Mysuru Taluk and District, (Sl.No.48 in Preliminary Notification) and grant same relief as it is already passed in similar W.P.No.56078/2016 (LA-UDA) dated 03/11/2016 and W.P.No.29288-89/2019 (LA-UDA) dated 12/07/2019 vide Annexure-C & C1 respectively.
b) Pass such other order or orders as this Hon’ble Court deems fit under the facts and circumstances of the case including cost of the proceedings, so as to meet the ends of justice and equity.
3. Identical matter was the subject matter in W.P.No.56078/2016 (LA-UDA) decided on 03.11.2016.
The impugned Preliminary Notification was the subject matter in that petition whereas this Court quashed the said Preliminary Notification. Thereafter, in W.P.Nos.29288-89/2019 (LA-UDA) also the very same impugned notification was quashed on 12.07.2019.
Accordingly, the impugned Preliminary Notification bearing No. LAQ (4) CR 31/2005-06 dated 13.12.2006, issued by respondent No.2 vide Annexure-A is quashed in terms of the orders passed in the aforesaid writ petitions, insofar as the petitioners’ land bearing Survey No.104/5 measuring 0.03.00.00 guntas situated at Lalithadripura Village, Varuna Hobli, Mysuru Taluk and District (Sl.No.48 in Preliminary Notification) is concerned.
Writ petition stands allowed.
SD/- JUDGE PYR