Karnataka High Court
Smt S J Nagarathna vs The State Of Karnataka on 14 June, 2019
Author: Alok Aradhe
Bench: Alok Aradhe
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JUNE 2019
BEFORE
THE HON'BLE MR. JUSTICE ALOK ARADHE
WRIT PETITION NOs.27897 OF 2018
AND 31506 OF 2018 (LA-KIADB)
BETWEEN:
SMT S J NAGARATHNA
AGED ABOUT 65 YEARS
W/O. H B RAMU,
R/AT NO. 69, SBI OFFICERS COLONY,
BASAVESWARA NAGAR,
BENGALURU 560079.
... PETITIONER
(BY MR. B S NAGARAJ, ADV.)
AND:
1. THE STATE OF KARNATAKA
REP BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF INDUSTRIES AND COMMERCE,
(INDUSTRIAL DEVELOPMENT),
M.S BUILDING, DR. AMBEDKAR VEEDI,
BENGALURU 560001.
2. KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD (KIADB) REP BY ITS CHIEF
EXECUTIVE OFFICER, # 49, 4TH & 5TH FLOOR,
KHANIJA BHAVAN, RACE COURSE ROAD,
BENGALURU 560001.
3. THE SPECIAL LAND ACQUISITON OFFICER,
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD, (BMICP),
NO. 2083/2, 1ST CROSS,
SUBASH NAGAR, MANDYA 571 401
4. BANGALORE MYSORE INFRASTRUCTURE CORRIDOR
AREA PLANNING AUTHORITY (BMICAPA),
2
REP BY ITS MEMBER SECRETARY,
NO. 5, 2ND FLOOR, LOOP LANE,
RACE COURSE ROAD,
BENGALURU 560009.
... RESPONDENTS
(BY MR.E S INDRESH, AGA FOR R1
MR. H L PRADEEP KUMAR, ADV. FOR R2-4)
---
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH
THE PRELIMINARY NOTIFICATION ISSUED BY R-2 IN SPECIAL
GAZETTEE NOTIFICATION DTD:3.7.1999, PUBLISHED AT LSN
O.10[8] & SL NO.19(2) AT ANNEXURE-A IN SO FAR AS THE
PETITIONERS LAND IN SY NO.212[NOTIFIED AT SL NO.10[8],
MEASURING 1 ACRE 023 GUNTAS AND SY NO.223, MEASURING
17 GTS, AND NOW IT IS NEW NUMBERED AS SY NO.212/3 AND
SY NO.223/2 OF RAMNAHALLI VILLAGE, SITUTED T RAMNAHALLI
VILLAGE, KASAB HOBLI, MYSURU TALUK ARE CONCERNED AND
ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:-
ORDER
Mr. B.S. Nagaraj, learned counsel for the petitioner.
Mr.E.S.Indiresh, learned Additional Government Advocate for the respondent No.1.
Mr.H.L.Pradeep Kumar learned counsel for respondent Nos.2 to 4.
3
The writ petitions are admitted for hearing. With consent of the parties, the same are heard finally.
2. In these petitions the petitioner has prayed for the following relief:
Issue a writ of certiorari for quashment of the preliminary notification issued by respondent No.1 in Special Gazette Notification dated
03.07.1999, published at S.No.10(8) and Sl.No.19(2) in Ref.No.CI 196 SPQ 98 at No.762 of Part-III, at Annexure- A insofar as the petitioner's land in Sy.No.212 [notified at S.No.10(8), measuring 1 acre 23 guntas and Sy.No.223 measuring 17 guntas and now it is new numbered as Sy.No.212/3 and Sy.No.223/2, of Ramnahalli Village situated at Ramnahalli Village, Kasaba Hobli, Mysuru Taluk are concerned.
3. When the matters were taken up today, learned counsel for the petitioner submitted that the 4 matters re squarely covered by a decision rendered by a Bench of this Court in W.P.No.57982/2016 & W.P.Nos.58889-890/2016 decided on 12.01.2018 and these writ petitions may also be disposed of on the same footing.
4. In view of the aforesaid submission and for the reasons assigned by this Court by an order dated 12.01.2018 passed in W.P.No.57982/2016 & W.P.Nos.58889-890/2016, Annexure-A is quashed and the writ petitions are disposed of on the same terms and with similar directions.
Sd/-
JUDGE SS