IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT W.P. No. 558 OF 2019 AND W.P.No. 959 OF 2019 (LB - RES) BETWEEN :
SMT SUJATHA AGED ABOUT 46 YEARS WIFE OF M.N.PRIYA DATTA RESIDING AT NO.6/64 47TH CROSS, 8TH BLOCK JAYANAGAR BENGALURU-560 082 ... PETITIONER (BY SRI. V.B.SHIVAKUMAR, ADVOCATE) AND 1. STATE OF KARNATAKA VIDHANA SOUDHA VIDHANA VEEDHI BENGALURU-560 001 REPRESENTED BY ITS SECRETARY 2. UNDER SECRETARY TO GOVERNMENT HOUSING AND URBAN DEVELOPMENT DEPT., VIKAS SOUDHA, BENGALURU-560 001 3. KANAKAPURA PLANNING AUTHORITY KHATA NO.469/CA SAHAKARI VASATI BADAVANE AGRAHARA NEW COLONY TUNGANI POST KANAKAPURA KANAKAPURA TALUK RAMANAGARA DISTRICT-562 117 4. THE MEMBER SECRETARY AND JOINT DIRECTOR KANAKAPURA PLANNING AUTHORITY KANAKAPURA RAMANAGARA DISTRICT-562 117 5. THE DEPUTY DIRECTOR KANAKAPURA PLANNING AUTHORITY KANAKAPURA RAMNAGARA DISTRICT-562 117 KANAKAPURA TOWN MUNICIPAL COUNCIL, KANAKAPURA TOWN KANAKAPURA 6. THE ASSISTANT DIRECTOR KANAKAPURA PLANNING AUTHORITY KANAKAPURA RAMNAGARA DISTRICT-562 117 7. THE COMMISSIONER B.M.R.D.A. (S.T.R.R) NO.1, ALI ASKER ROAD BENGALURU-560 052 8. THE MEMBER SECRETARY AND JOINT DIRECTOR B.M.R.D.A (S.T.R.R) PLANNING AUTHORITY NO.1, ALI ASKER ROAD BENGALURU-560 052 ... RESPONDENTS (BY SRI. YOGESH D. NAIK, ADV. FOR R3 TO R8; SRI. NARASI REDDY, AGA FOR R1 & R2) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE THIRD TO EIGHT RESPONDENTS TO GRANT PERMISSION FOR THE CHARGE OF LAND USER IN RESPECT OF SCHEDULE TWO ITEM PROPERTIES FROM AGRICULTURAL TO RESIDENTIAL PURPOSES (YELLOW ZONE) AND ETC.
THESE WRIT PETITIONS COMING ON FOR ‘PRELIMINARY HEARING – B GROUP’, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned counsel for contesting respondent Nos.3 to 6 has filed a memo dated 08.08.2019 producing the endorsement dated 07.06.2019 wherein, to the effect that request of the petitioner for change of land use has already been considered and rejected.
In view of the above, these writ petitions have become infructuous and disposed of accordingly reserving liberty to the petitioner to lay challenge to the said order, if she so desires.
Sd/- JUDGE KG