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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF JULY, 2021

BEFORE

THE HON’BLE MR.JUSTICE P.B. BAJANTHRI

WRIT PETITION NO.13057/2020 (ULC)

BETWEEN:

1.

SRI.JAYARAM,

S/O LATE M.NARAYANA REDDY

AGED ABOUT 62 YEARS,

2.

SRI.VASUDEVA REDDY N,

S/O LATE M.NARAYANA REDDY

AGED ABOUT 55 YEARS,

3.

SRI.NAGARAJ,

S/O LATE M.NARAYANA REDDY

AGED ABOUT 52 YEARS,

ALL ARE R/AT NO.125,

BENNIGANAHALLI,

OLD MADRAS ROAD,

DOORAVANINAGAR POST,

BENGALURU – 560 016.

… PETITIONERS

(BY SRI. NANJA REDDY P.N., ADVOCATE)

AND:

1.

THE STATE OF KARNATAKA

REP. BY THE PRINCIPAL SECRETARY,

REVENUE DEPARTMENT,

M.S.BUILDING,

BENGALURU – 560 001.

2.

THE DEPUTY COMMISSIONER,

BENGALURU URBAN DISTRICT,

(ADDL.SPECIAL DY.COMMISSIONER

URBAN LAND CEILING),

K.G.ROAD,

BENGALURU – 560 009.

2

3.

THE TAHSILDAR

K.R.PURAM,

BENGALURU NORTH TALUK,

BENGALURU – 560 036.

... RESPONDENTS

(BY SRI.Y.D.HARSHA, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE

CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI

OR ANY OTHER APPROPRIATE WRIT, ORDER QUASHING THE ORDER

DATED

28.03.1983

BEARING

CASE

NO.ULC(6)232/1981-82

(ANNEXURE-D)

AND

NOTIFICATION

05.09.1996

BEARING

NO.ULC(6)/307/1985-86

(ANNEXURE-J)

PASSED

BY

THE

RESPONDENT-2 AS THE SAME ARE ILLEGAL, ARBITRARY AND

CONTRARY TO THE PROVISIONS OF THE URBAN LAND (CEILING AND

REGULATION) ACT, 1976 AND THE URBAN LAND (CEILING AND

REGULATION) REPEAL ACT, 1999 AND ETC.

THIS PETITION COMING ON FOR PRELIMINARY HEARING ‘B’

GROUP THROUGH PHYSICAL HEARING / VIDEO CONFERENCING

HEARING

(OPTIONAL),

THIS

DAY,

THE

COURT

MADE

THE

FOLLOWING:-

ORDER

In the instant petition, petitioner has prayed for the

following relief:

a)

Issue a writ of certiorari or any other

appropriate

writ,

order

quashing

the

order

dated

28.03.1983

bearing

case

No.ULC(6)232/1981-82

(Annexure-D)

and

Notification

05.09.1996

bearing

No.ULC/(6)/307/1985-86 (Annexure-J) passed by the

Respondent-2 as the same are illegal, arbitrary and

contrary to the provisions of the Urban Land (Ceiling and

Regulation) Act, 1976 and the Urban Land (Ceiling and

Regulation) Repeal Act, 1999.

b)

Issue a writ of mandamus or any other

appropriate writ, order or direction directing the

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Respondents to delete the land bearing Sy.No.84/1B

measuring 327.74 Sq.Mtrs situated at Benniganahalli

Village, K.R.Puram Hobli, Bengaluru East Taluk from

the Urban Land Ceiling

and delete that the

proceedings initiated by the Respondents under the

Urban Land (Ceiling and Regulation) Act, 1976 stood

abated in view of the Urban Land (Ceiling and

Regulation) Repeal Act, 1999 and consequently the

respondents shall not interfere with the peaceful

possession and enjoyment of the above said land

and grant all the consequential benefits consequent

upon quashing the Notifications at Annexures-D&J

respectively.

2.

The petitioners’ father stated to have submitted

representation to respondent No.2 for grant of two months time

to file objections for the proposed draft on 11.08.1981. The

petitioners’ father deceased M.Narayana Reddy was the owner of

Sy.No.84/1B

measuring

3.4

guntas

of

land

situated

at

Benniganahalli Village, K.R.Puram, Bengaluru East Taluk. On

28.03.1983 (Annexure-D), the Special Deputy Commissioner,

Urban Land Ceiling passed an order holding that the father of the

petitioners holding 327.74 Sq.Mtrs. in excess of ceiling limit.

Deceased M.Narayana Reddy, father of the petitioners died on

23.05.1995 leaving behind petitioners as his legal heirs. On

05.09.1996, the Special Deputy Commissioner, Urban Land

Ceiling issued notification, which was notified in the Gazette on

05.09.1996, that the father of the petitioners held 327.74

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Sq.Mtrs. in excess of the ceiling limit resulting in deemed

acquisition.

3.

In this background, learned counsel for petitioners

submitted that before proce