M/S. UMASHANKAR HOUSING CO-OPERATIVE SOCIETY LTD., OFFICE AT NO.152, PRIYADARSHINI LAYOUT BUS STOP, NAGARABHAVI MAIN ROAD, MOODALAPALYA, BENGALURU-560072. REPRESENTED BY ITS PRESIDENT, SRI THRIRTHAPPA. H.

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... PETITIONER

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(BY SRI SHREEDHARA.B.E., ADV.)

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AND:

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UNION OF INDIA THROUGH SECRETARY, DEPARTMENT OF LAW AND JUSTICE, NEW DELHI-110001.

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UNION OF INDIA

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THROUGH SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, NEW DELHI-110001.

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GOVERNMENT OF KARNATAKA THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF HOUSING, VIKASA SOUDHA, BENGALURU-560001.

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GOVERNMENT OF KARNATAKA

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THROUGH PRINCIPAL SECRETARY,

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DEPARTMENT OF CO-OPERATION, M.S.BUILDING, BENGALURU-560001.

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... RESPONDENTS

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(BY SRI K.MANJUNATHARAO BHONSLE, CGSC FOR R1 & R2; SMT. VANI.H., AGA FOR R3 & R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE PROVISIONS OF CENTRAL ACT NO.16 OF 2016 (ANNEXURE-A) AND THE NOTIFICATION DATED 10.7.2017 PUBLISHED IN KARNATAKA GAZETTE ON 11.7.2017 (ANNEXUREB) ARE INAPPLICABLE TO THE DEVELOPMENT OF LAYOUT/PLOTTED DEVELOPMENT UNDERTAKEN BY THE PETITIONER SOCIETIES, ETC.

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THIS PETITION COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

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ORDER

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This writ petition has been filed seeking the following

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reliefs:

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“(i) Issue a writ, order or direction declaring that the provisions of Central Act No.16 of 2016 (Annexure-A) and the notification No.DOH 109 KHB 2017, Bengaluru dated 10.7.2017 published in Karnataka Gazette on 11.7.2017 (Annexure-B) are inapplicable to the development of layouts/plotted development undertaken by the petitioner Societies;

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(ii) Issue any writ, order or direction declaring that the Central Act No.16 of 2016 (Annexure-A) and the Notification No.DOH 109 KHB 2017, Bengaluru, dated 10.7.2017 published in Karnataka Gazette on 11.7.2017 (Annexure-B) insofar as provisions thereof are made applicable to petitioner Cooperative Housing Societies incorporated and regulated under the Karnataka Co-operative Societies Act, 1959,

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engaged in development of Layouts/Sites/Plots for its members, is unconstitutional;

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(iii) Issue any other writ, order or direction as this Hon’ble Court may appropriate, to meet the ends of justice.”

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Learned counsel for the petitioner submits that the term of the Committee has been over and as such, the writ petition has become infructuous. However, the question of validity of the provisions under challenge may be left open to be considered in some other case.

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Learned Additional Government Advocate appearing for respondent Nos.3 and 4 has no objection for the same.

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The writ petition is, accordingly, dismissed as infructuous. The question of validity of the provisions of the Karnataka Co-operative Societies Act, 1959 is left open to be considered in some other case.

Sd/-

CHIEF JUSTICE

Sd/JUDGE

KNM/-

M/S Umashankar Housing v. Union of India

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