Karnataka High Court
Sri A Annappa Kamath vs State Of Karnataka on 21 October, 2020
Author: S R.Krishna Kumar
Bench: S.R.Krishna Kumar
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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 21ST DAY OF OCTOBER 2020
BEFORE
THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION No.11742 OF 2020 (LA-UDA)
Between:
1. Sri.A. Annappa Kamath
S/o A. Shivananda Kamath,
Aged about 54 years,
2. Sri.A. Badrinath Kamath
S/o A. Shivananda Kamath,
Aged about 53 years,
Both are residing at,
# 897, 3rd Cross, "Ashirwad",
M.C.Layout, Vijayanagar,
Bengaluru - 560040.
... Petitioners
(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 - 560 001.
2. Mysuru Urban Development Authority
Represented by its Commissioner,
J.L.B Road,
Mysuru - 570 007.
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3. The Special Land Acquisition Officer,
Mysuru Urban Development Authority,
Mysuru - 570 007.
...Respondents
(By Sri.Kiran Kumar, HCGP for R.1;
Sri.Sharath Gowda G.B, Advocate for R.2 and 3)
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, 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 the petitioners land bearing Sy. No.91 measuring
4 acres 25 guntas along with karab measuring 2 guntas,
total land measuring 4 acres 27 guntas, land bearing
Sy. No.92/2 measuring 2 acres 14 guntas and petitioner
No.1 land bearing Sy. No.92/1 measuring 1 acre 32 guntas,
all the lands are situated at Lalithadripura Village, Varuna
Hobli, Mysuru Taluk and District (Sl. Nos.15, 17, 16 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.Nos.29288-29289/2019
(LA-UDA) dated 12.07.2019 vide Annexure-E and E1
respectively and etc.
This Writ Petition coming on for orders, this day, the
Court made the following:-
ORDER
Sri.Kiran Kumar, learned HCGP accepts notice for respondent No.1.
2. Sri.Sharath Gowda G.B. learned counsel accepts notice for respondent Nos.2 and 3.
3. In this petition, the petitioners have sought for the following reliefs:
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"a. Issue a writ or order in the nature of Certiorari quashing the Preliminary Notification bearing No.LAQ(4)CR31/2005-06 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 the petitioners land bearing Sy. No.91 measuring 4 acres 25 guntas along with karab measuring 2 guntas, total land measuring 4 acres 27 guntas, land bearing Sy. No.92/2 measuring 2 acres 14 guntas and petitioner No.1 land bearing Sy. No.92/1 measuring 1 acre 32 guntas, all the lands are situated at Lalithadripura Village, Varuna Hobli, Mysuru Taluk and District (Sl. Nos.15, 17, 16 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.Nos.29288-29289/2019 (LA-UDA) dated 12.07.2019 vide Annexures-E and E1 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."4
4. I have heard Sri.K.R.Lingaraju, learned counsel for the petitioners and Sri.Kiran Kumar, learned HCGP for respondent No.1 as well as Sri. G.B. Sharath Gowda, learned counsel for the respondent Nos.2 and 3 and perused the materials on record.
5. Learned counsel for the petitioners in addition to reiterating the various contentions urged in the petition and referring to the documents produced by the petitioners, invites my attention to earlier decisions of this Court in the case of Sri.Yethappa Vs. State of Karnataka and others
- W.P.No.56078/2016 dated 03.11.2016 (Annexure-E) & Smt.Mahadevamma and others Vs. State of Karnataka and others - W.P.Nos.29288-29289/2019 dated 12.07.2019 (Annexure-E1) wherein under identical circumstances, this Court quashed the notification insofar as land pertains to the aggrieved parties.
6. In view of the aforesaid facts and circumstances, I pass the following:
ORDER i. The petition is hereby allowed in terms of the earlier decision of this Court in the case of 5 Sri.Yethappa Vs. State of Karnataka and others - W.P.No.56078/2016 dated 03.11.2016 & Smt.Mahadevamma and others Vs. State of Karnataka and others - W.P.Nos.29288-29289/2019 dated 12.07.2019 (Annexures -E & E1 respectively).
ii. The impugned Preliminary Notification bearing No.LAQ(4)CR31/2005-06 dated 13.12.2006 at Annexure-A is hereby quashed insofar as the petitioners land is concerned.
SD/-
JUDGE NBM