Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8769 WP No. 8384 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 8384 OF 2017 (LB-RES) BETWEEN:
1.
SMT POOJA PRABHAKAR W/O PRABHAKAR, AGED ABOUT 36 YEARS, R/A 1572, 8TH CROSS, 6TH MAIN, VIJAYNAGAR , 2ND MAIN MYSURU 570017 …PETITIONER (BY SRI. V M PRASAD., ADVOCATE)
AND:
1.
THE COMMISSIONER MYSURU URBAN DEVELOPMENT AUTHORITY J L B ROAD, MYSURU 570005
2.
THE KARNATAKA STATE GOVERNMENT, REP. BY THE SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKAS SOUDHA., BENGALURU-01 …RESPONDENTS (BY SMT. SPOORTHI.V., HCGP FOR R-2;
SRI. T.P. VIVEKANANDA., ADVOCATE FOR R-1)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT IN THE RESPONDENT TO CONSIDERED IN THE REPRESENTATION MADE VIDE ANNEXURE-A TO GIVE 1.15 GUNTAS OF LAND OF RESPONDENT PROPERTY IN SY.NO.48 OF HEBBAL VILLAGE OF 5.00 ACRE, 0.12 GUNTAS. IN THE PLACE OF PETITIONER PROPERTY SY.NO.329/2 MEASURING AN EXTENT OF 1.15
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:8769 WP No. 8384 of 2017
GUNTAS IN SITUATED AT HINKAL VILLAGE, KASABA HOBLI, MYSURU TALUK, MYSURU. BY CONSIDERING THE REPRESENTATION OF THE PETITIONER AND CONSEQUENCE RELIEF AND FURTHER RELIEFS.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL ORDER
1. On the last occasion i.e., on 13.02.2025, taking into
consideration that the MUDA had resolved to purchase the petitioner’s land and it had submitted a proposal to the Government, learned AGA was
directed to take notice and secure instructions as to why the Government was yet to consider the request of the MUDA.
2. Today, learned AGA places on record the communication dated 16.01.2020, whereby the Government had accorded approval to MUDA to acquire the lands of the petitioner, which it had already utilized without acquisition.
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NC: 2025:KHC:8769 WP No. 8384 of 2017
3. In view of the said communication, the prayer of the petitioner to consider the representation would no longer survive. The MUDA shall comply with the approval granted by the Government and initiate acquisition proceedings to acquire the land of the petitioner.
4. If the petitioner is aggrieved by the order of the Government dated 16.01.2020, liberty is also reserved for him to file a writ petition challenging the same.
5. This writ petition is accordingly disposed of.
6. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE
GSR List No.: 1 Sl No.: 21