P K Raju vs State Of Karnataka on 20 March, 2018

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Karnataka High Court

P K Raju vs State Of Karnataka on 20 March, 2018

Bench: A.S.Bopanna

                              1



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 20th DAY OF MARCH 2018

                            BEFORE
       THE HON'BLE MR. JUSTICE A.S.BOPANNA

 WRIT PETITION NOS.55935-55936 OF 2017 (LA-UDA)

BETWEEN:

  1. P K RAJU S/O KENCHEGOWDA
     AGED ABOUT 55 YEARS
     R/AT NO 95-A
     HEGGOTARA ROAD, KASABA HOBLI,
     PANYADAHUNDI
     BADANAGUPPE - 571313
     CHARAJANAGARA TALUK.

  2. P LINGANNA S/O LATE B PUTTASWAMY
     AGED ABOUT 62 YEARS
     R/AT NO 649, 7TH "E" CROSS
     HEBBALA 1ST STAGE,
     MYSORE - 571102                 ... PETITIONERS

(BY SRI.SRINIVAS V, ADV.)

AND:

   1. STATE OF KARNATAKA
      REPRESENTED BY ITS
      SECRETARY TO URBAN DEVELOPMENT AUTHORITY
      M.S BUILDING
      BANGALORE - 560 001

   2. MYSORE URBAN DEVELOPMENT AUTHORITY
      JLB ROAD, MYSORE - 571 201
      REPRESENTED BY ITS'
      COMMISSIONER                ... RESPONDENTS

(SRI.E.S INDIRESH, AGA FOR R-1
 SRI.T.P VIVEKANANDA, ADV. FOR R-2)
                            ---
                                2



      These Writ Petitions are filed under Articles 226 and
227 of the Constitution of India, praying to quash the
preliminary notification dt. 12.12.2006 issued by the R-2
vide Annx-B to the W.P in so far as land bearing Sy.No.25/1
measuring 15 guntas and 06 guntas respectively situate at
Bandipalaya Village, Kasaba Hobli, Mysore Taluk and etc.

      These Petitions coming on for Preliminary Hearing this
day, the Court made the following:-


                            ORDER

The learned counsel for the petitioners has filed a memo enclosing the notification pertaining to the acquisition. The same is taken on record.

2. The Petitioners claim to be the owners of property bearing Survey No.25/1 measuring 15.06 guntas situated at Bandipalaya Village, Kasaba Hobli, Mysuru Taluk. The said land was one of the items of property included in the preliminary notification dated 12.12.2006 issued by the respondents proposing to acquire the said land. The notification was issued under Section 17 of the Karnataka Urban Development Authorities Act, 1987.

3. The case of the petitioners is that no further action in that regard has been taken by the respondents and as such, the very process of acquisition has been abandoned and therefore, continuing the same in suspended animation would not be appropriate. It is in that view, the petitioners are before this Court.

4. Though contentions are urged in the petitions, details with regard to validity of the action need not be adverted inasmuch as this Court while taking note of similar contention in W.P. No.43463/2011 dated 31.05.2013 has arrived at the conclusion that the notification insofar as the land relating to the petitioners therein is liable to be quashed.

5. In that view, the situation being similar in the instant case, the notification dated 12.12.2006 insofar as it relates to the property belonging to the petitioners herein and notified therein shall stand quashed. 4

6. The competent revenue authorities are also directed to take note of the same and make appropriate entries in the revenue records by deleting the indication of the acquisition proceedings.

7. The petitions are accordingly disposed of.

SD/-

JUDGE RV

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