Karnataka High Court
Cognizant Technology Solutions India ... vs State Of Karnataka on 16 November, 2011
Author: H.G.Ramesh
Bench: H.G.Ramesh
WP No, 34943 /2009 A/W
Nise. WNo S027 (2010
IN THE HIGH COURT OF RARNATARKA AT BANGALORE
DATED THIS THE 16™ DAY OF NOVEMBER 2011 _
BEFORE
THE HON'BLE MR.JUSTICE H.G.RAMESH
WP.No.34943/ 2009 (KLR- -RES).
A/W_MISC.W.No. 3027 {2010
BETWEEN:
COGNIZANT TECHNOLOGY SOLU TIONS INISEA py PLID
BAGMANE CAMPUS, #65/2.°
BAGMANE TECH PARK . a
ADJACENT TO LRDE BY RASANDRA no
CV RAMAN NAGAR
BAN GALORE -- 560 093
REPRESENTED BY TTS... Ss
SENIOR VICE PRESIDENT - = PPOSEC TS
MR. KALYAN MOHAN, a -©GMMON PETTTIONER
(BY SRI. S.S. NAGANANES SE
OR COUN SEL PORt
M/s KLATTAN ee COCA eC
ANB:
i, STATE OF KARNAT. AKA
me THROL IGE PRINCIPAL REVENUE SECRETARY
VIDEL ANA. SOUDHA. BANGALORE-560 001
KRI SHN ARAJAPU! U RAM , 'BAN GALORE
LAKE. DIESVELOPMENT AUTHORITY
a haga
BND FLOOR, PARISARA BHAVANA AMENDED V.C.0
\NGALORE -- 560 001 DATED 11/11/2011
. REPRESEN' TE DBY
CHIEF EXEC TIVE OFFICER ... COMMON RESI PONDENTS
IBY SRL C.KRISHNA MURTHY, SPL. G.A. FOR RE & RD;
SRL H.S.SACHIDANAND, ADVOCATE FOR R3}
SEA
WP.No.64943 /2009 A/W
Mise. W.No.36027/2010
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 927 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH BY A WRIT OF CERTIORARL OR ANY OTHER WRIT,
ORDER OR DIRECTION THE SURVEY REPORT DT. 307% JULY.
9009 VIDE ANX-G ISSUED BY THE R2 AS ILLEGAL. ARB BIT RY :
AND UNSUSTAINABLE. oe
MISC.W. APPLICATION IS FILED UNDER ARTICLE 2: BE
OF THE CONSTITUTION OF INDIA PRAYING TO: VACATE 4
INTERIM ORDER GRANTED BY THIS HON BLE C OU RY TN OTHE:
INTEREST OF JUSTICE AND EQUITY.
WP AND MISCAVRIT.APPLICATION COMING GN FOR
PRELIMINARY HEARING IN "B' GROUP, THIS DAY. THE COURT
MADE THE FOLLOWING: ee
ORDER
H.G.RAMESH, J. (Oral): _ Sri HAS Sa chidanand, ~ learned Standing Counsel undertakes to. file Vakalath for respondent No.3 ~- Lake Development Authority.
2. eer learned: 'Counsel appearing for the "parties. . 5. S. Naganand, learned Senior Counsel a wi 'ihe petitioner submitted that 'The . petitioner is aggrieved of the order dated 28.06.2009, _ passed by respondent No.3 - Lake Development oA thority r a copy of which is produced as 'Annexure ~ F. The said order reads as follows: 4
i WP No 34945 (2008 A/W Misc W No .GO027 /2010 "Sub: Encroachrnent of Lake land belonging to rovernment ~ reg.
Survey and fixing of boundary stone tn. Survey No.112 of Byrasandra village noun as. Kelegenakere Byrausandra take twas taken Up oy oe Revenue Department of Gove nument 7 of Karnataka. A notice dated 27.06.2009 for the survey taken up on 01.07.2009 'by! she fan | :
Surpeyor Ukeveriue Department tnas 'issiwed iy you requesting yous fo be. present. during: the survey. The survey report rec et: seck iy HL 'this office Jrom the Commissioner of Sur Ne: y Seulement and Land Recor ds* Snows that 'you. have illegally faken poss eseior of iO. qua ucs of land belonging tO Gonerniment in the. scid. survey No.112 of Byrasandra village. 7 Avcopy of the survey map indicating the. extent: oF the lake land illegally taken possession | for : your use is enclosed herewith ; for your ready reference, You are
- _ herebyj directed to vacate the said land and : remove, at your own cosi any sheds, buildings . -an d anyother structures put up by you and res fore the land to its original condition within 15 days of receipt of this letter. Por failure to comply saolth this notice, action in accordance with law
- wil be initiated by this Authority and any cost meurred will be recoverable from you."
RS RS ef Sa WP Ne 34943 (2009 A/W Misc. WLNo. 3027/2010
3. The learned Senior Counsel submitted that the aforesaid order, directing the petitioner to vacate the | alleged encroached lake land was not preceded. by any show-cause notice. The learned . counsel. appearing for respondent No.3 fairty submited that no show-cause notice was issucd to the "petitioner 28.08.2009. If that be SO, the said-order cannot be sustained in law as it is violative of the principles of natural justice. "Accordingly 1 make the following order:
G) the impugaed order dated 28.08.2009
- produ ced as Annexure-F is quashed:
7 Gi) ~ respondent No.3 is at liberty to take oe vattion: in accordance with law, for "recovery of possession of | the .Government Lake land alleged to have been encroached by the petitioner, after issuing a show-cause notice and affording an opportunity of hearing to the petitioner:
om Re SEE cl WP.No.34943 /2009 A/W Misc. W.No.3027 /2010 {iii} all the contentions of both the parties relating to the subject matter of this writ petition, are kept open; though it~ . is obvious, it is clarified that itis oo open to the petitioner to shew to. (Annexure-G) referred tG in the -- impugned order is not correct. The writ petition stands disposed of in the above terms.
4, in view ot disposal of the writ petition, no order is necegsaty.. di \ Mise.W.No:3027 /2010 filed for vacating of the interim ; order and it stands disposed of ac cordingly. .
Petition disposed of.
po ata® SSS GLENEAGLES SO