Writ petition challenging an endorsement classifying land as 'B kharab'. The Bench held that since the Government Notification underpinning the endorsement was set aside by a coordinate court, the endorsement must be quashed.
The impugned endorsement dated 16.03.2015 issued by Respondent No.2 is quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO.30501/2015 (LB-RES)
BETWEEN:
SHRI K.V. SHIVAKUMAR SON OF LATE SHRI K. VISHWANATHAIAH SETTY, AGED ABOUT 68 YEARS, RESIDING AT NO.3, "RAJATHA", CHURCH ROAD, BASAVANAGUDI, BENGALURU-560 004.
...PETITIONER
(BY SRI ANIL KUMAR, ADVOCATE FOR M/S. M. SIVAPPA ASSOCIATES)
AND:
...RESPONDENTS
(BY SRI MOHAN BHAT, ADVOCATE FOR R-1; SRI H.C. SHIVARAMU, ADVOCATE FOR R-2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT PASSED BY THE R-2 ENDORSEMENT DATED 16.3.2015 VIDE ANNEXURE-A AND ETC.
THIS WRIT PETITION COMING ON FOR FINAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
2
ORDER
Pursuant to the Notification dated 26.05.2015 issued by the Government treating survey No.4 of Kurubarahalli, Nazarabad Mohalla, in the foot hills of Chamundi Hills, Mysuru as 'B kharab' land, the impugned endorsement was issued by respondent No.2-Corporation.
ORDER
(i) Writ petition is allowed.
(ii) The impugned endorsement dated 16.03.2015 issued by the respondent No.2 at Annexure - 'A' is hereby quashed.
Sd/JUDGE
bkm
2 issues framed by the court
Whether the endorsement regarding classification of land as 'B kharab' required to be quashed in light of a coordinate bench setting aside the underlying notification.
Whether the endorsement issued by the Urban Development Commissioner is legally sustainable post-reversal of the parent notification.
1 provisions across 1 enactments
Shri K.V. Shrivakumar
The Commissioner Mysuru Mahanagara Palike
Urban Development Commissioner Mysuru Mahanagara Palike
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
