IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.4999 OF 2019 (LA-UDA) BETWEEN:
Smt.T.Lakshmi W/o S.Nagaraj, Aged about 59 years, Residing at No.362, Neeti Marga, Siddarthanagara, Mysore – 570 011.
(By Sri.Nityanand V.Naik, Advocate) AND:
… Petitioner 1. The State of Karnataka Represented by its Principal Secretary, Department of Housing and Urban Development, Vikasa Soudha, Bengaluru – 560 001.
2. Mysore Urban Development Authority Mysore – 570 001.
Represented by its Commissioner.
…Respondents (By Sri.E.S.Indresh, AGA for R1; Sri.T.P.Vivekananda, AGA for R2) This writ petition is filed under Article 226 of the Constitution of India, praying to quash the preliminary notification dated 12.12.2006 issued by the 2nd respondent vide Annexure-A, in so far as the petitioner’s land bearing Sy.no.83/1, 79/1C and 79/2 situated in Sarkari Uttanhalli Varuna Hobli, Mysore Taluk by declaring that the acquisition proceedings in respect of said lands stood lapsed.
This Writ Petition coming on for Preliminary Hearing ‘B’ Group, this day, the Court made the following:-
ORDER Sri Nityanand V. Naik, learned counsel for the petitioner.
Sri E. S. Indiresh, learned Additional Government Advocate for the respondent No.1.
Sri T. P. Vivekananda, learned counsel for the respondent No.2.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia seeks for a writ of certiorari for quashment of preliminary notification dated 12.12.2006 issued by the respondent No.2 insofar as it pertains to the lands belonging to the petitioner.
4. For the reasons assigned by this Court in the order dated 26.06.2019 passed in W.P.Nos.47459-47461/2018, the impugned notification dated 12.12.2006 is hereby quashed insofar as the petitioner is concerned.
5. Accordingly, the petition is disposed of.
Sd/- JUDGE dn/-