Petitioners sought restoration of excess land declared under the Urban Land (Ceiling and Regulation) Act, 1976, arguing possession was not lawfully taken by a competent authority. The court held that third-party interests had been created and the writ petition was barred by delay, dismissing it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 34745 OF 2010 (ULC)
BETWEEN:
NO. 1 TO 4 ARE R/AT KUMBARAKOPPAL, MYSORE CITY 21.
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
SINCE DECEASED BY HIS LRS
S/O LATE UGRAPPA NO. 5A 5B & 5C ARE RESIDENTS H. NO 240, 8TH CROSS K IDIGANNAMMA BADAVANE KUMBARAKOPPAL, MYSORE.
AGED ABOUT 52 YEARS D.NO.97/A, JAIPAL KALIDASA ROAD,
…PETITIONERS
(BY SRI. SANGAMESH R B, ADVOCATE)
AND:
(SINCE DECEASED BY HIS LRS)
10TH MAIN, 3RD STAGE, GOKULAM MYSOORU.
(SINCE DECEASED BY HIS LRS)
MAHADESHWARA BADAVANE VIJAYANAGARA, 2ND STAGE, MYSURU.
(DISMISSED W/P AGAINST 17(A) AS PER O/D 31.3.21)
SITE NO. 2435, D NO. 99
S/O SHIVANNA GOKULAM, 1ST STAGE 7 CROSS, MYSOORU (DISMISSED AGAINST R23 V/O DATED 31.3.21)
26. KASHINATH
S/O SRI K SABHAJAHSHETTY R/AT. 1082, SRIRAMPET MYSOORU.
NO. 47, 15TH CROSS, 4TH MAIN
VIDYARANYAPURAM, MYSOORU.
W/O BASAVARAJU NO. 1214/19, MODEL HOUSE ITTIGE GUDU, MYSURU-33.
3520/1, SRINIVASATEMPLE STREET TILAKNAGAR, MYSOORU.
…RESPONDENTS
(BY SRI. KEMPANNA, AAG A/W SMT. HEMALATHA V, AGA FOR R1 TO R3; SRI. B S NAGARAJ, ADVOCATE FOR R5 TO R7, R12, R14 R15, R18, R20, R21, R32, R33 & R37; SRI. P N MANMOHAN, ADVOCATE FOR R4 & R10(A); SRI. B L SANJEEV, ADVOCATE FOR R6; V/O DATED 2.11.2015 PROPOSED R9, R13, R16 & R19 ARE H/S; R11, R22, R26, R30, R32, R38 ARE SEVED; V/O DATED 15.06.2017 R10(B) IS DELETED; PROPOSED R17(A) SERVED; V/O DATED 31.3.21 WP AGAINST LR'S OF DEID R8, R17(A) & R23 STANDS DISMISSED; V/O DATED 12.4.23 SERVICE OF NOTICE TO RESPONDENT NOS. 24, 25, 27-29, 31, 34-36 & 39 ARE D/W)
THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 31.1.2000 IN RA ULA 61/1993-1994, ANNEXURE R CONSEQUENTLY
QUASHING THE ORIGINAL ORDER DATED 28.05.1991 IN ULA 953/76-77, (2) THE GOVERNMENT ORDER, BANGALORE DATED 29.05.1991 IN RESPECT OF SY.NO.224, ANNEXURE AJ.
THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners have challenged the proceedings initiated under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976. These proceedings determined that the declarant was holding excess land to the extent of 3 acres 17 guntas in Sy.No.224/1 situated at Hebbal Village, Kasaba Hobli, Mysore Taluk, Mysore. Consequently, the Government passed an order granting this excess land to respondent No. 4 for the formation of sites and distribution to its members.
NC: 2024:KHC:28242 WP No. 34745 of 2010
writ petition, filed after an inordinate delay of more than ten years from the enactment of the Repeal Act, is not maintainable.
Accordingly, the writ petition is dismissed.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE
HR
2 issues framed by the court
Whether excess land declared under the ULC Act vested with the State without lawful possession under Sections 10(5) and 10(6).
Whether restoration of excess land under Section 3(2) of the Repeal Act is permissible where third-party interests were created.
5 provisions across 3 enactments
Sri Narayana
Sri N Jayaram
Sri Ramesh
Sri Nagaraj
Lrs of Sri Ugrappa
Sri Srinivas
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
