M/S Marutham Apartments vs The State Of Karnataka on 3 August, 2012

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Karnataka High Court

M/S Marutham Apartments vs The State Of Karnataka on 3 August, 2012

Bench: H.G.Ramesh

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                                            W.P.No.18797/2009

 IN THE HIGH COURT OF KARNATAKA AT BANGALORE

        DATED THIS THE 3RD DAY OF AUGUST 2012

                          BEFORE

          THE HON'BLE MR. JUSTICE H.G.RAMESH

            Writ Petition No.18797/2009 (ULC)

BETWEEN:

M/S MARUTHAM APARTMENTS
HAVING ITS OFFICE AT # 17
2ND CROSS, 8TH MAIN ROAD
SADASHIVANAGAR
BANGALORE-560 080
REP BY ITS AUTHORIZED
SIGNATORY/GPA HOLDER
MR. J.VENKATESH S/O.K.JAGATHESAN
AGED ABOUT 31 YRS
R/AT.NO.17, 2ND CROSS, 8TH MAIN RD
SADASHIVANAGAR, BANGALORE-80                   ... PETITIONER

       (BY SRI. P KRISHNAPPA, ADVOCATE)

AND:

1 THE STATE OF KARNATAKA
  REVENUE DEPARTMENT
  VIDHANA SOUDHA
  BANGALORE-560 001
  REP BY ITS PRINCIPAL SECRETARY

2 THE SPECIAL DEPUTY COMMISSIONER
  BANGALORE URBAN DISTRICT
  BANGALORE                                 ... RESPONDENTS

       (BY SRI. H.VENKATESH DODDERI, AGA)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
MADE BY THE ADDITIONAL SPECIAL DEPUTY COMMMISSIONER,
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                                        W.P.No.18797/2009

URBAN LAND CEILING, KUMARA PARK WEST, BANGALORE 560 020
DTD. 23.6.1987, WHICH IS MARKED AS ANNEX-0 & ETC.

     THIS WRIT PETITION COMING ON FOR HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:

                         ORDER

H.G.RAMESH, J. (Oral):

Heard. Learned counsel appearing for the petitioner submits that possession of the land in question has not been taken by the State Government pursuant to the notification issued under Section 10(3) of the Urban Land (Ceiling & Regulation) Act, 1976 ('the Act' ) and therefore he submits that in view of Section 4 of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 (Act No.15 of 1999) the proceedings pursuant to the order dated 23.06.1987 (Annexure-O) and the notification dated 13.06.1988 (Annexure-P) may be declared as abated. In support of the writ petition, he relies on a judgment of the Supreme Court in Mukarram Ali Khan vs. State of U.P and Others (ILR 2007 KAR 4859).

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W.P.No.18797/2009

2. Learned Additional Government Advocate appearing for the respondents, on the basis of the original record and the statement of objections filed on behalf of the State, submits that possession of the land in question has not been taken by the State Government pursuant to the notification issued under Section 10(3) of the Act, and therefore, the proceedings pursuant to Annexures-O & P referred to above stand abated in view of Section 4 of Act No.15 of 1999.

3. In view of the above, it is declared that all proceedings pursuant to Annexures-O & P shall stand abated. The writ petition stands disposed of accordingly.

Petition disposed of.

Sd/-

JUDGE hkh.

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