Allowed

M/S S and v. Industries v the State of Karnataka

Karnataka HC18 Apr 2023WP/4077/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a writ petition filed by a firm whose land was encroached upon and partially acquired. The Court issued a mandamus directing the Mysore Urban Development Authority to consider representations for alternate land allotment within 12 weeks, referencing a recent Government notification.

What did the court decide?

Mandamus directed MUDA to consider representations and pass appropriate orders for alternate land allotment within 12 weeks.

M/S S and v Industries Vs the State of Karnataka — Land Acquisition | Karnataka HC (2023)

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1 - WP No. 4077 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF APRIL, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.4077 OF 2023 (LB-RES)

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BETWEEN:

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M/S S AND V INDUSTRIES REGISTERED PARTNERSHIP FIRM NO.1, K R S ROAD, METAGALI MYSORE 570016

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REPRESENTED BY ITS PARTNER SRI. K P SHIVAPRASAD S/O K. PRABHU DAS AGED ABOUT 69 YEARS

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…PETITIONER

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(BY SMT. JYOTHI S K., ADVOCATE)

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AND:

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Digitally signed by NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA REPRESENTATED BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT VIDHANA SOUDHA DR. B .R AMBEDKAR VEEDI BENGALURU 560 001

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THE MYSORE URBAN DEVELOPMENT AUTHORITY (MUDA) CHAMARAJAPURA JNANSI RANI LAKSHMI BAI ROAD, CHAMARAJPURAM MOHALLA LAKSHMIPURAM, MYSURU 570 005

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REPRESENTED BY ITS COMMISSIONER

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…RESPONDENTS

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(BY SRI. SIDDHARTHA H.M ., ADVOCATE FOR R2;

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WP No. 4077 of 2023

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SRI. SANTOSH KUMAR M.R., HCGP FOR R1)

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THIS WRIT PETITION IS FILED UNDER ARTTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is before this Court seeking for the following reliefs:

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a. Issue a Writ of Mandamus or any other appropriate direction directing the 2^nd Respondent to consider the representation dated 26.02.2004 (Annexure-R), 09.09.2009 (Annexure-R1), 19.02.2016 (AnnexureR2), 16.07.2021 (Annexure-S), 05.09.2022 (Annexure-S1) and pass appropriate order allotting alternative industrial/residential land/site in favour of the Petitioner, in the interest of justice and equity.

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b. Grant such other relief’s as this Hon’ble Court deems fit and necessary to be grant under circumstances of the above writ petition, in the interest of justice and equity.

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Originally Site No.1, Industrial Site, Metagali Layout, Brindavan K R S Road, V.Mohalla, Mysore was allotted to M/s.M.B.Rao and Kirthi K.Sha. Thereafter, a partnership having been entered into, the firm name was changed to M/s.S & V Industries.

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WP No. 4077 of 2023

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2^nd respondent acquired a portion of the property measuring 33 guntas in Sy.No.161, pursuant to which, the petitioner gave a representation to award compensation. In the meanwhile, 2^nd respondent had encroached on 33 guntas of land of the petitioner. It is on that basis that representations had been given to the 2^nd respondent to allot alternate land since, in the encroached portion, a Ring Road had already been formed. The said representations not having been acted upon, the petitioner is before this Court seeking for the aforesaid reliefs.

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The learned counsel for the petitioner submits that a notification has been issued on 10.03.2023 which relates to similar kind of situations.

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The learned counsel for 2^nd respondent submits that the representations submitted by the petitioner would be considered in accordance with law given ten weeks’ time.

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WP No. 4077 of 2023

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In that view of the matter, I pass the following:

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ORDER

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i. The Writ Petition is allowed.

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ii. A mandamus is issued directing the 2^nd respondent to consider the representations dated 26.02.2004, 09.09.2009, 19.02.2016, 16.07.2022, 05.09.2022 submitted by the petitioner at Annexures-R, R1, R2, S and S2 respectively and pass appropriate orders in accordance with law. If necessary by taking into account the notification dated 10.03.2023 within a period of 12 weeks’ from the date of receipt of a copy of this order.

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Sd/JUDGE

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PRS

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List No.: 1 Sl No.: 80

M/S S and v. Industries v the State of Karnataka

Case brief

What is this about?

What did the court decide?

M/S S and v. Industries v the State of Karnataka

Case brief

What is this about?

What did the court decide?

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