Karnataka High Court
Madhu D vs The Mysore Urban Development Authority on 30 May, 2017
Author: Raghvendra S.Chauhan
Bench: Raghvendra S.Chauhan
IN THE HIGH COURT OF KARNATAKA, AT BENGALURU
DATED THIS THE 30TH DAY OF MAY, 2017
BEFORE
THE HON'BLE MR. JUSTICE RAGHVENDRA S.CHAUHAN
WRIT PETITION No. 41623/2011
C/W
WRIT PETITION No. 41624/2011 (LB-RES)
IN WRIT PETITION No. 41623/2011
Between:
Madhu. D.
S/o. Devaraju
Aged 29 years
R/at. No.35/1, 1st cross
1st main, Jayalakshmipuram
Mysore.
... PETITIONER
(By Sri./Smt : T.A. KARUMBAIAH., Advocate)
And :
1.The Mysore Urban Development
Authority, Jhansi Lakshmibai road
Mysore
Rep. by its Commissioner.
2.The Circle Officer -4
Mysore Urban Development Authority
J L B Road, Mysore.
...2
2 W.P. No. 41623/2011
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W.P. No. 41624/2011
3.Thungabhadra
W/o. Narayana Gowda
Aged about 48 years
R/at. No.326, 5th main
Vijayanagar I Stage
Mysore.
... RESPONDENTS
(By Sri./Smt : T.P. Vivekananda, Adv for R1 & R2,
P.N. Rajeswara, Adv for R3 (VK filed).
This Writ Petition is filed under Articles 226 & 227 of the Constitution of
India praying to quash Annexure-Q. The endorsement dated: 12.7.2011 issued
by the 2nd Respondent and also Annexure-R. The resolution dated:
18.6.2011 item no.4 in so far as it relates to the allotment of marginal land in
favour of the 3rd Respondent and in so far as the rejection of the application of
the Petitioner. Direct the 1st Respondent to give effect to the resolution dated:
10.1.2003 wherein it was resolved to allot half of the marginal land measuring
178.8 Sq.Mtrs. in question in favour of the owner of Site No.326 and the
remaining half equally to the owners of Site Nos.319 and 320 within a specified
period. Issue a writ of mandamus to cancel the allotment of marginal land
measuring 178.8 Sq.Mtrs. made in favour of the 3rd Respondent and to allot the
same in favour of the site owners of the Site Nos.319, 320 and 326 in
accordance with law within a specified period.
IN WRIT PETITION No.41624/2011
Between:
Ramadevi
W/o. V. Sundaresh
Aged 59 years
R/at. No.320, 5th Cross
5th main, Vijayanagara I Stage
Mysore.
... PETITIONER
(By Sri./Smt : T.A. KARUMBAIAH., Advocate)
...3
3 W.P. No. 41623/2011
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W.P. No. 41624/2011
And :
1.The Mysore Urban Development
Authority, Jhansi Lakshmibai road
Mysore
Rep. by its Commissioner.
2.The Circle Officer -4
Mysore Urban Development Authority
J L B Road, Mysore.
3.Thungabhadra
W/o. Narayana Gowda
Aged about 48 years
R/at. No.326, 5th main
Vijayanagar I Stage
Mysore.
... RESPONDENTS
(By Sri./Smt : P.S. Manunath, Adv for R1 & R2,
P.N. Rajeswara, Adv for R3 (VK filed).
This Writ Petition is filed under Articles 226 & 227 of the Constitution of
India praying to quash Annexure-R, that subject No.4 regarding allotment of
marginal land between site nos. 319, 320 and 326 in favour of the
3rd respondent and regarding the rejection of the claim of the petitioner is
concerned. Direct the 1st respondent to give effect to the resolution
dated: 10.1.2003 wherein it was resolved to allot half of the marginal land in
question in favour of the owner of Site No. 326 the remaining half equally to
the owners of Site Nos.319 and 320 within a specified period. Issue a writ of
mandamus to 1st respondent to cancel the allotment made by the 1st respondent
in respect of marginal land measuring 178.8 Sq.Mts. in favour of the
3rd respondent and to allot the same in favour of the petitioner, 3rd respondent
and owner of Site No.319 equally within a specified period.
These Writ Petitions coming on for orders on this day the court made the
following order.
...4
4 W.P. No. 41623/2011
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W.P. No. 41624/2011
ORDER
Two weeks time is granted for rectifying the office objections, failing which these petitions shall stand automatically dismissed without reference to the Court.
Sd/-
JUDGE T By : JAY C By : R R By : JAY COPY Sd/-
ASSISTANT REGISTRAR