Karnataka High Court
Sri. Devaraju vs State Of Karnataka on 16 December, 2022
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION No.25301/2022 (LA-UDA)
BETWEEN:
SRI. DEVARAJU
S/O LATE VENKATARAMU,
AGED ABOUT 46 YEARS,
#429, LALITHADRIPURA
RAMAMANDIRA BEEDI,
VARUNA HOBLI,
MYSURU -570 010
... PETITIONER
(BY SRI K.R.LINGARAJU, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REP BY ITS PRINCIPAL SECRETARY,
URBAN DEVELOPMENT DEPARTMENT
VIDHANASOUDHA
DR. B R AMBEDKAR VEEDHI,
BENGALURU- 560 001
2. MYSURU URBAN DEVELOPMENT
AUTHORITY
REP BY ITS COMMISSIONER
J L B ROAD,
MYSURU- 570 007
3. THE SPECIAL LAND ACQUISITION OFFICER
MYSURU URBAN
DEVELOPMENT AUTHORITY
MYSURU -570 007
... RESPONDENTS
(BY SRI VIJAYKUMAR A.PATIL, AGA FOR R1
SRI.G.B.SHARATH GOWDA, ADVOCATE FOR R2 & R3)
2
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
PRELIMINARY NOTIFICATION BEARING NO. LAQ(4)CR31/2005-06
DATED 13.12.2006, ISSUED BY THE R2 VIDE ANNEXURE-A,
PUBLISHED U/S 17(1) OF THE KARNATAKA URBAN DEVELOPMENT
AUTHORITY ACT, 1987 IN RESPECT OF THE PETITIONER LAND
BEARING SURVEY NO. 119/4 MEASURING 4 GUNTAS SITUATED AT
LALITHADRIPURA VILLAGE, VARUNA HOBLI, MYSURU TALUK AND
DISTRICT (SL NO. 81 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, W.P NOs. 29288-29289/2019
(LA-UDA) DATED 12.07.2019 AND W.P.NO. 11742/2020 DATED
21.10.2020 VIDE ANNEXURE-D, D1 AND D2 RESPECTIVELY.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, the petitioner has sought for the following reliefs:
"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 petitioner land bearing survey No.119/4 measuring 4 guntas situated at Lalithadripura Village, Varuna Hobli, Mysuru Taluk and District (Sl. No.81 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, W.P.Nos.29288-29289/2019 (LA-UDA) dated 3 12/07/2019 and W.P.No.11742/2020 dated 21/10/2020 vide Annexures-D, D1 and D2 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."
2. Heard the learned counsel for the petitioner, learned Additional Government Advocate for respondent No.1 and learned counsel for respondent Nos.2 and 3 - MUDA and perused the material on record.
3. Learned counsel for the petitioner in addition to reiterating the various contentions urged in the petition and referring to the documents produced by the petitioner, 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-D) & Smt.Mahadevamma and others Vs. State of Karnataka and others - W.P.Nos.29288- 29289/2019 dated 12.07.2019 (Annexure-D1) wherein under identical circumstances, this Court quashed the notification insofar as land pertains to the aggrieved parties. 4
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 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 & Smt.Mahadevamma and others Vs. State of Karnataka and others - W.P.Nos.29288-29289/2019 dated 12.07.2019 (Annexures - D & D1 respectively).
(ii) The impugned Preliminary Notification bearing No.LAQ(4)CR31/2005-06 dated 13.12.2006 at Annexure-A issued by respondent No.2 is hereby quashed insofar as the subject land of the petitioner is concerned.
SD/-
JUDGE PKS