Petitioner sought writ relief for restoration of 28 guntas of land or a compensatory site. The Court observed pending third-party civil suits regarding revenue claims. It distinguished the case from precedent, holding the petitioner must pursue remedies in the pending suit first.
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NC: 2024:KHC:49624 WP No. 53124 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 53124 OF 2018 (LB-RES)
BETWEEN:
SRI S MANJUNATH S/O LATE SIDDAIAH A/A:56 YEARS, R/AT NO.302, 1 "A" CROSS, LIC COLONY, 2ND STAGE, SRIRAMAPURA, MYSURU.
…PETITIONER
(BY SRI. V B RAVI SHANKER., ADVOCATE)
AND:
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. T. P. VIVEKANANDA, ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
RESPONDENT MUDA TO RESTORE TO THE PETITIONER THE POSSESSION OF HIS LAND MEASURING 28 GUNTAS IN SY.NO.167/1 SITUATE AT BOGADI VILLAGE, KASABA HOBLI, MYSURU TALUK, OR IN THE ALTERNATIVE;COMPENSATE THE PETITIONER BY ALLOTTING 28 GUNTAS OF LAND IN SHARADADEVI NAGAR MYSURU OR ANY OTHER DEVELOPED AREA IN MYSURU.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD
ORAL ORDER
The petitioner has filed this petition for directions to the respondents to restore possession of 28 guntas of land in Sy.No.167/1 of Bogadi Village, Kasaba Hobli, Mysuru Taluk or to allot such number of sites in Sharadadevi Nagar, Mysuru as will be commensurate with the extent of 28 guntas of land in Sy.No.167/1. The petitioner's request is considered as canvassed by Sri. T. P. Vivekananda, a learned standing counsel for the respondents - the Mysuru Urban Development Authority [MUDA] - in the context of the multiple civil suits filed by the private parties against the petitioner and his family members
NC: 2024:KHC:49624 WP No. 53124 of 2018
and the definite statement before this Court that the MUDA has only acquired 2 acres 8 guntas out of the total extent of 4 acres 28 guntas in Sy.No.167/1 of Bogadi Village, Kasaba Hobli, Mysuru Taluk.
certain third parties have filed multiple suits contending that the petitioner's family members have formed revenue sites in the land in Sy.No.167/1 excluding the extent of 2 acres 8 guntas acquired by MUDA and that these persons have been given the benefit of revenue entries for the respective sites after spot inspection and mahazar. Indeed, this is seen from the pleadings as referred to by this Court in R.S.A.No.1494/2010 and connected appeals. This Court has restored the corresponding first appeals for reconsideration, and these first appeals are pending consideration.
counsel for the petitioner, submits that the petitioner
NC: 2024:KHC:49624 WP No. 53124 of 2018
cannot be relegated to the civil Court to seek compensation or for restoration of possession in view of the finding by a Division Bench of this Court in W.A.No.4792/2012. The learned counsel relies upon the following.
"6. Having heard the counsel for the parties. We are of the view that an error is committed by the Learned Single Judge in directing the appellant to approach the Civil Court for his redressal because admittedly, the appellant's father had given a representation for allotment of site measuring 40x60 feet, as considered by the MUDA in similar circumstances in lieu of land taken over by the MUDA in his survey No.153/1. On the representation of the appellant's father, a surveyor has conducted a survey and submitted the report along with a sketch. Having accepted the sketch and the survey report a Commissioner was also of the opinion that the matter has to be placed before the Board to consider the application of the appellant. Thereafter, no action has been taken by the MUDA on the representation of the appellant."
NC: 2024:KHC:49624 WP No. 53124 of 2018
must be brought out as an undisputed fact that 28 guntas in Sy.No.167/1 of Bogadi Village, Kasaba Hobli, Mysuru Taluk [ other than the acquired land ] is used by MUDA without acquisition. Further, even the petitioner is categorical that MUDA has utilized only 2 acres 8 guntas in this Sy. No. 167/1 as acquired.
The petition stands disposed of accordingly.
Sd/(B M SHYAM PRASAD) JUDGE
RB
2 issues framed by the court
Whether the petitioner can approach the High Court for restoration of land possession or allotment of a compensatory site given pending civil litigation regarding revenue sites.
Whether the petitioner is relegated to the civil court for seeking redressal of the dispute over the land in Sy.No.167/1.
Sri S Manjunath
The Mysuru Urban Development Authority
The Commissioner The Mysuru Urban Development Authority
B M Shyam Prasad
As recorded by the court registry
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