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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5^TH DAY OF JANUARY 2018

BEFORE

THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA

WRIT PETITION NO.56054/2017 (LA - UDA)

BETWEEN:

SRI. NANJAPPA

S/O LATE PUTTANANJAPPA

AGED ABOUT 54 YEARS

HOUSE NO.12

BASAVESHWARA ROAD

CHIKKALLI VILLAGE

VARUNA HOBALI, MYSURU TALUK

MYSURU

... PETITIONER

(BY SRI.K.R.LINGARAJU, ADV.,)

AND:

1.

STATE OF KARNATAKA

REPRESENTED BY ITS

PRINCIPAL SECRETARY

URBAN DEVELOPMENT DEPARTMENT

VIKASA SOUDHA

DR.B.R.AMBEDKAR VEEDHI

BENGALURU – 560 001

2.

THE COMMISSIONER

MYSORE URBAN DEVELOPMENT

AUTHORITY, J.L.B.ROAD

MYSURU – 570 005

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3.

THE SPECIAL LAND ACQUISITION

OFFICER

MYSURU URBAN

DEVELOPMENT AUTHORITY

MYSURU – 570 005

... RESPONDENTS

(BY SRI.VIJAYAKUMAR A PATIL, AGA FOR R1;

SRI.T.P.VIVEKANANDA, ADV., FOR R2 AND R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES

226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING

TO QUASH THE PRELIMINARY NOTIFICATION DATED

28.12.2006 ISSUED BY R-2 AT ANNEXURE – A PUBLISHED

UNDER SECTION 17(1) OF THE KARNATAKA URBAN

DEVELOPMENT AUTHORITY ACT, 1987 FOR FORMATION

OF LAYOUT KNOWN AS “LALBAHADUR SHASTRI NAGAR II

STAGE” IN RESPECT OF PETITIONER LAND BEARING

SY.NO.51/3, MEASURING 0.25.08 GUNTAS, SITUATED AT

CHIKKAHALLI VILLAGE, VARUNA HOBLI, MYSURU TALUK,

(SL.NO.121 IN THE PRELIMINARY NOTIFICATION) IN

TERMS OF ORDER IN W.P.50190/2014 DATED 06.03.2015

AND W.P.47125/2016 DATED 24.10.2016 AT ANNEXURE –

C AND C1 AND ETC.,

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING THIS DAY, THE COURT MADE THE FOLLOWING;

ORDER

Petitioner has sought a declaration that notification

`bearing No. LAQ (2) CR 161/2005-06 dated 28.12.2006

(Annexure-A) issued by second respondent cannot be

acted upon, as it has been rendered invalid. Consequently

petitioner seeks benefit of said declaration.

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2.

Petitioner claims to be owner of land bearing

Sy.No. 51/3, measuring 0.25.08 guntas, situated at

Chikkahalli Village, Varuna Hobli, Mysore Taluk. The said

land has been permitted to be used for non-agricultural

purpose by order of the Deputy Commissioner passed

under section 95 of the Land Revenue Act, to an extent of

39 guntas i.e. for the purpose of construction of marriage

hall and remaining 2 acres has been used for residential

layout. The said 0.25.08 guntas of land is ancestral

property and after the demise of his father, his name has

been entered in the revenue records.

3.

When

the

matter

stood

thus,

second

respondent issued notification dated 28.12.2006 including

the aforesaid land for the purpose of formation of

Lalbahadur Shastri II Stage. Notification in that regard was

also published in the gazette. Thereafter, no further steps

have been taken by second respondent or by the State

Government to issue a declaration and final notification.

The preliminary notification has been issued under Section

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17(1) of the Karnataka Urban Development Act, 1987, but

no declaration has been issued under Section 19 of that

Act. Therefore, petitioner has sought the aforesaid prayer.

She has placed reliance on earlier orders passed by this

Court in W.P.No.10917-923/2014 and connected writ

petitions disposed on 26.11.2014, with regard to the very

same notification for seeking a similar relief in this writ

petition.

4.

I have heard learned counsel for petitioner and

learned Additional Government Advocate for respondent

no.1 and learned counsel for respondents 2 and 3 and

perused the material on record.

5.

Learned counsel for the respective parties

jointly state that this writ petition could be disposed in

terms

of

the

order

dated

26.11.2014

passed

in

W.P.Nos.10917-923/2014 and connected writ petitions,

which in turn has followed order passed by this Court in

the case of C.G.GANGADHAR –VS- MYSORE URBAN

DEVELOPMENT

AUTHORITY,

REPTD.

BY

ITS

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COMMISSIONE