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2021 Supreme(Kar) 423

M. NAGAPRASANNA
KARNATAKA RAJYA MANDAVYA GRUHA NRIMANA SAHAKARA SANGHA SRI VIJAYALAKSHMI BUILDING REPRESENTED BY ITS DIRECTOR AND AUTHORISED SIGNATORY SHRI B. SIDDARAJU SON OF SHRI BASAVAIAH – Appellant
Versus
STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE MULTISTORIED BUILDING BENGALURU – Respondent


Advocates Appeared:
For The Appellant :SRI B.M.ARUN, ADVOCATE
For The Respondent:SRI NITHYANANDDA K.R., AGA, SRI T.P.VIVEKANANDA, ADVOCATE

ORDER :

The petitioner/Karnataka Rajya Mandavya Gruha Nirmana Sahakara Sangha calls in question a communication dated 13.09.2019 issued by the Mandya Urban Development Authority (‘MUDA’ for short) turning down the application of the petitioner for approval of the layout plan on the score that the lands where the layout is sought to be formed will have to undergo a change of land use in terms of Section 14 of the Karnataka Town and Country Planning Act, 1961 (‘the KTCP Act’ for short) and proceedings in terms of Section 14A of the KTCP Act will have to be initiated by the petitioner.

2. Brief facts leading to the filing of the present petition, as borne out from the pleadings, are as follows:

    The petitioner is a House Building Co-operative Society registered under the provisions of the Karnataka Co-operative Societies Act, 1959. The petitioner seeking to form a layout in several survey numbers of Kyathangere village, Kothathi Hobli, Mandya Taluk and District applied for permission to purchase agricultural lands under Section 109 of the Karnataka Land Reforms Act, 1961 (‘the Land Reforms Act’ for short). Pursuant to the application submitted by the petitioner to the Government, MUDA iss

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