M/S Prakruthi Infrastructure And ... vs State Of Karnataka on 17 September, 2018

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Karnataka High Court

M/S Prakruthi Infrastructure And ... vs State Of Karnataka on 17 September, 2018

Bench: S.N.Satyanarayana

                          -1-



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 17TH DAY OF SEPTEMBER 2018

                       BEFORE

      THE HON'BLE MR.JUSTICE S.N.SATYANARAYANA

        WRIT PETITION NOS.49313-49314/2015(ULC)

BETWEEN

M/S PRAKRUTHI INFRASTRUCTURE &
DEVELOPMENT COMPANY PVT. LTD.,
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT HAVING ITS OFFICE AT
NO.4/1, TUMKUR ROAD,
YESHWANTHPUR,
BANGALORE-560 022
REPRESENTED BY ITS DIRECTOR
SRI. M. CHANDRASHEKAR              ... PETITIONER

(BY SRI R NATARAJ, ADVOCATE)

AND

1.    STATE OF KARNATAKA,
      REVENUE DEPARTMENT,
      VIDHANA SOUDHA,
      BANGALORE-560 001,
      REPRESENTED BY ITS SECRETARY

2.    THE DEPUTY COMMISSIONER,
      MYSORE DISTRICT,
      MYSORE-570001.                 ... RESPONDENTS

(BY SRI J.M.UMESH MURTHY, HCGP FOR R1 & R2)
                              -2-



     THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DECLARE THAT THE PROCEEDINGS INITIATED BY THE 2ND
RESPONDENT UNDER SECTION 10 OF THE URBAN LAND
CEILING REGULATION ACT 1976 IN RESPECT OF THE
SCHEDULE PROPERTY AS ABATED UNDER SECTION 4 OF
THE URBAN LAND (CEILING AND REGULATION) ACT, 1999
ETC.

    THESE WRIT PETITIONS COMING ON FOR FURTHER
ARGUMENTS THIS DAY, THE COURT MADE THE
FOLLOWING:

                           ORDER

Petitioner herein, who is claiming himself to be person in possession of land bearing Sy.Nos.56/1, 56/1A, 56/1B, 56/2, 57/1 and 57/2 situate at Nachenahalli village, Kasaba Holbi, Mysore Taluk measuring to an extent of 8 acres 30 guntas consisting of Lord Muneshwara Temple, two A.C. sheet roofed sheds, two RCC roof buildings, 1 shed of Mangalore tiled roof etc., has come up in these writ petitions seeking a declaration that the proceedings initiated by respondent No.2 under Section 10 of the Urban Land Ceiling Regulation Act, 1976 ('ULC Act' for short) as abated under Section 4 of the Urban Land (Ceiling and Regulation) Repeal Act, 1999; for a further direction to respondent No.2 not to -3- take any steps with reference to petition schedule properties viz., Sy.No.56/2 and 57/2 of Nachenahalli village under the provisions of the Act and for such other reliefs.

2. These matters were heard in the presence of learned counsel for the petitioner Sri.P.Nataraj, who tried to rely upon several judgments to demonstrate as if the lands in question continued to be in possession of the vendor of the petitioner as on the date of the Repealing Act, as such, the petitioner's vendor had valid title to the properties which are conveyed to it, therefore, the proceedings initiated under Section 10 of the ULC Act, 1976, is abated. Hence, direction is required to be given to the second respondent not to take further steps in respect of petition schedule properties.

3. However, learned HCGP appearing for the respondent - State would produce the original record before this Court in demonstrating that Gazette Notification is issued in proceedings bearing No.ULA.15/76-77, dated 15.6.1994, in declaring that possession of the lands in question, namely Sy.Nos.57/2 and 56/2 of Nachanahalli -4- village is taken on 21.4.1994. Learned HCGP would also bring to the notice of this Court that possession which is already taken pursuant to aforesaid notification is held to be valid by the Apex Court in the matter of State of U.P & Ors., -vs- Surendra Pratap & Ors., reported in AIR 2016 SC 2712.

4. After hearing the learned HCGP and on going through the material on record, it is clearly seen that possession of the lands in question is already taken by the Deputy Commissioner and Competent Authority, Mysuru, vide Gazette Notification bearing No.ULA 15/76-77 dated 15.6.1994, wherein it is declared that possession of lands in question measuring to an extent of 4027.9 square metres in Sy.No.56/2 and 2380 square metres in Sy.No.57/2 is taken on 21.4.1994 under Section 10(3) of the Act.

5. In that view of the matter, this Court find that no justifiable grounds are made out by the petitioner, who is said to be purchaser of aforesaid land under a registered -5- sale deed dated 22.7.2006 from its alleged erstwhile owner, to entertain these writ petitions.

Accordingly, these writ petitions are dismissed.

Sd/-

JUDGE nd/-

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