- 1 - NC: 2025:KHC:3143 WP No. 26417 of 2023 C/W WP No. 34330 of 2024 WP No. 34361 of 2024 WP No. 1427 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 26417 OF 2023 (LB-RES) C/W WRIT PETITION NO. 34330 OF 2024 (LB-RES) WRIT PETITION NO. 34361 OF 2024 (LB-RES) WRIT PETITION NO. 1427 OF 2025 (LB-RES) IN WP No. 26417/2023 BETWEEN: 1. VIJAYANAGARA 4TH STAGE SENIOR CITIZEN WELFARE ASSOCIATION HAVING OFFICE AT 4831, 2ND FLOOR, VIJAYANAGARA 4TH STAGE, MYSURU-570017 REP BY THE TREASURER, M.S. SIDDALINGAMURTHY, AGED ABOUT 68 YEARS, SENIOR CITIZEN BENEFIT NOT CLAIMED. …PETITIONER (BY SRI. CHANDRAKANTH R GOULAY., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS SECRETARY, DEPARTMENT OF URBAN, VIKASA SOUDHA, BENGALURU-560001 2. THE MYSURU URBAN DEVELOPMENT AUTHORITY JLB ROAD, MYSURU-570005 REP BY THE COMMISSIONER Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3143 WP No. 26417 of 2023 C/W WP No. 34330 of 2024 WP No. 34361 of 2024 WP No. 1427 of 2025 3. THE MYSURU CITY CORPORATION NEAR CITY BUS STAND, MYSURU-570001 REP BY THE COMMISSIONER 4. HOOTAGALLI TOWN MUNICIPAL COUNCIL MYSURU TALUK, MYSURU DISTRICT-570018 REP BY ITS COMMISSIONER. …RESPONDENTS (BY SRI. RAHUL CARIAPPA., AGA FOR R-1; SRI.H.C.SHIVARAMU., ADVOCATE FOR R-2; SMT.M.P.GEETHA DEVI., ADVOCATE FOR R-3; SRI.G.M.ANANDA., ADVOCATE FOR R-4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO CALL FOR RELEVANT RECORDS QUASH THE IMPUGNED NOTIFICATION BEARING NO.UDD 132 MLR 2020 DTD 31.03.2021 PASSED BY THE R1 VIDE ANNEXURE-E IN SO FAR AS IT RELATES TO VIJAYANAGARA 4TH STAGE (HINKAL GRAMA PANCHAYATH) MENTIONED IN SCHEDULE A AND THE NOTIFICATION BEARING NO.NAAHEI65 MLR 2021 DTD 27.5.2021 ISSUE BY THE R1 VIDE ANNEXURE-F IN SO FAR AS ITEM NO.2 AS HOTAGALLI GRAMA PANCHAYATH IN PAGE NO.2 OF THE NOTIFICATION IS CONCERNED, AS ARBITRARY, ILLEGAL AND VOID AND OTHERWISE UNSUSTAINABLE IN LAW, ETC. IN WP NO. 34330/2024 BETWEEN: 1. SMT VIJAYALAKSHMI S W/O A. S. GOPI, AGED ABOUT 52 YEARS, R/O, LIG., NO. 107, SRINIVASA NILAVA, 2ND CROSS, NEAR MARUTHI TEMPLE, GANGOTHRI LAYOUT, MYSURU 570009 2. SMT, S. LATHA, W/O N.NARENDRABABU, - 3 - NC: 2025:KHC:3143 WP No. 26417 of 2023 C/W WP No. 34330 of 2024 WP No. 34361 of 2024 WP No. 1427 of 2025 AGED ABOUT 48 YEARS, R/O, 183, SRI, RAMAMANDIRA ROAD UDAYAGIRI, K. N. PURA, MYSURU 570019 3. SMT, M. PUTTAMMA, W/O LATE GOPAL, AGED ABOUT 66 YEARS, R/O 1362, AMBA, NALA STREET, NEAR VIDYADAYINI SCHOOL, KRISHNA RAJA MOHALLA, SUB DIVISION MYSURU – 570024 4. SMT, SRIVIDYA SRIDHAR, W/O MANOJ SRIDHARAMURTHY, AGED ABOUT 37 YEARS, R/O, 24, VIVEKANANDA BLOCK, TEACHERS LAYOUT, SIDDARTHABAGARA NAGAR, MYSURU – 570011 5. SMT, HEMAVATHI B. K, W/O RAJESH. H, AGED ABOUT 40 YEARS, R/O, 136/112C, 3RD CROSS, BANK COLONY ROAD, BOGADHI, MYSURU 570026 6. SRI, BHARATH N. S S/O SIDDEGOWDA, AGED ABOUT 33 YEARS, R/O # 371, POS POST OFFICE ROAD, KASABHAHOBLI NAGANAHALLI POST NAGANAHALLI, MYSURU – 570003 7. SMT PRAKRUTHI. S, D/O SIDDEGOWDA. N, AGED ABOUT 28 YEARS, R/O, NADANAHALLI, SIDDALINGAPURA, MYSURU 570003 8. SRI. LOKESHA K.G., S/O GOVINDEGOWDA, AGED ABOUT 49 YEARS, - 4 - NC: 2025:KHC:3143 WP No. 26417 of 2023 C/W WP No. 34330 of 2024 WP No. 34361 of 2024 WP No. 1427 of 2025 R/O, 568, 23RD CROSS ROAD, NEAR INDIRA NURSING HOME, VIJAYANAGARA RAILWAY LAYOUT, MYSURU 570016 9. SMT PAVITHRA. B, W/O LOKESH K. G, AGED ABOUT 38 YEARS, R/O, 568, SRI, GURU RAGHAVENDRA NILAYA, 23RD CROSS, VIJAYANAGARA RAILWAY LAYOUT, MYSURU – 570016 10. SRI NAGARAJA, S/O SRI KEMPEGOWDA, AGED ABOUT 52 YEARS, R/O 257/6, MARIGUDI STREET, MANCHEGOWDANAKOPPALU, HINKAL POST, MYSURU – 570017 11. SRI D. C. CHANDRAKUMAR, 5/6 D K CHIKKARAMEOGWDA, AGED ABOUT 60 YEARS, R/O, 336, A1 BLOCK, 11 CROSS, 3RD STAGE, VIJAYANAGARA, MYSURU 570018. 12. SMT VEENA CHANDRASKUMAR, W/O D. C. CHANDRAKUMAR, AGED ABOUT 50 YEARS, R/O, 336, A1 BLOCK, 11TH CROSS, 3RD STAGE, VIJAYANAGARA, MYSURU 570018 13. SMT, ASHA. R.T, W/O RUDRESH. H, AGED ABOUT 31 YEARS, R/O 399, 10TH CROSS, 2ND MAIN, B. M. SHREE NAGAR, METAGALLI, MYSURU 570016. 14. SRI AASHITH M. A, S/O DR ASHOKA, AGED ABOUT 36 YEARS, R/O 56, B BLOCK, 3RD STAGE, - 5 - NC: 2025:KHC:3143 WP No. 26417 of 2023 C/W WP No. 34330 of 2024 WP No. 34361 of 2024 WP No. 1427 of 2025 VIJAYANAGARA, MYSURU 570017 15. SRI, NAGARAJU, S/O PUJARAPPA, AGED ABOUT 61 YEARS, R/O, 616, 3RD CROSS, MANCHEGOWDANA KOPPAL, HINKAL POST, VIJAYANAGARA 2ND STAGE, MYSURU – 570017 16. SRI, NAGARAJU, S/O MALLEGOWDA, AGED ABOUT 61 YEARS, R/O, 102, MANCHEGOWDANA KOPPAL, HEBBALU 2ND STAGE, NEAR KAVERI CIRCLE HINKAL POST, MYSURU 570017. ...PETITIONERS (BY SRI. K R LINGARAJU., ADVOCATE) AND: 1. THE COMMISSIONER MYSURU URBAN DEVELOPMENT AUTHORITY, J.L.B. ROAD, MYSURU-570005. 2. THE SECRETARY, MYSURU URBAN DEVELOPMENT AUTHORITY, J.L.B. ROAD, MYSURU - 570005. ...RESPONDENTS (BY SRI. H.C.SHIVARAMU., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO DIRECT THE RESPONDENTS TO ISSUE CLEARNANCE CERTIFICATE (CR) FIXATION OF TAX AND ISSUANCE OF E-AASTHI IN FAVOUR OF P-1 AND 2 SITE BEARING NO. 3047 MEASURING 9 X 12 METERS. P-3 SITE BEARING NO. 5228 MEASURING 6 X 9 METERS. P-4 SITE BEARING NO. 4771 MEASURING 6 X 9 METERS. P-5 SITE BEARING NO. 6861 MEASURING 6 X 9 METERS. P-6 SITE BEARING NO. 5719/A MEASURING 6 X 9 METERS. P-7 SITE BEARING NO. 10511 MEASURING 9 X 12 METERS. - 6 - NC: 2025:KHC:3143 WP No. 26417 of 2023 C/W WP No. 34330 of 2024 WP No. 34361 of 2024 WP No. 1427 of 2025 P-8 SITE BEARING NO. 7484 MEASURING 6 X 9 METERS. P-10 SITE BEARING NO. 8440 MEASURING 9 X 12 METERS. P-13 SITE BEARING NO. 1178 MEASURING 6 X 9 METERS. P-15 SITE BEARING NO. 1478 MEASURING 9 X 12 METERS, ETC. IN WP NO. 34361/2024 BETWEEN: 1. SRI NAGESH S S/O LATE SUBRAMANYA, AGED ABOUT 63 YEARS, R/O,NO 2587/1, 3RD MAIN 2ND CROSS, VALMIKI ROAD, V. V. MOHALLA, MYSURU 570002 2. SMT, P. NIRMALA, W/O NAGESH. S, AGED ABOUT 52 YEARS, R/O, NO 2587/1, 3RD MAIN, 2ND CROSS, VALMIKI ROAD, V. V. MOHALLA MYSURU – 570002 3. SRI V. SARAVANA, S/O LATE A. VARADARAJU, AGED ABOUT 53 YEARS, R/O, NO 662, 3RD CROSS, 1 BLOCK, RAMAKRISHNA NAGARA, MYSURU - 570022. 4. SMT, H. B. SHOBHA, W/O RAMESH. R, AGED ABOUT 43 YEARS, R/O NO78, VANI VILASA LAYOUT, HEBBAL, VIJAYANAGARA POST, MYSURU – 570017 5. SMT SHAKUNTHALA. C W/O CHANDRU. R, AGED ABOUT 43 YEARS, R/O, NO81, VANI VILASA LAYOUT, VIJAYANAGARA, MYSURU 570017. - 7 - NC: 2025:KHC:3143 WP No. 26417 of 2023 C/W WP No. 34330 of 2024 WP No. 34361 of 2024 WP No. 1427 of 2025 6. SRI, NAGARAJU, S/O MALLEGOWDA, AGED ABOUT 40 YEARS, R/O, NO 102, MANCHEGOWDANA KOPPALU HEBBALU 2ND STAGE, NEAR KAVERI CIRCEL, HINKAL POST, MYSURU 570017 7. SRI, NAGARAJU. D. C, S/O CHIKKEGOWDA AGED ABOUT 48 YEARS, R/O NO 1591, 6TH MAIN, 7TH CROSS, VIJAYANAGARA 2ND STAGE, MYSURU 570017. ...PETITIONERS (BY SRI. K R LINGARAJU., ADVOCATE) AND: 1. THE COMMISSIONER MYSURU URBAN DEVELOPMENT AUTHORITY, J.L.B. ROAD, MYSURU-570005. 2. THE SECRETARY, MYSURU URBAN DEVELOPMENT AUTHORITY, J.L.B. ROAD, MYSURU – 570005 ...RESPONDENTS (BY SRI. H.C. SHIVARAMU., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO DIRECT THE RESPONDENTS TO ACCEPT THE APPLICATIONS FROM THE PETITIONER TO ISSUE CLEARANCE CERTIFICATE (CR) FIXATION OF TAX AND ISSUANCE OF E-AASTHI IN FAVOUR OF P-1 SITE BEARING NO. 10191 MEASURING 6 X 9 METERS. SITE BEARING NO. 9566 MEASURING 6 X 9 METERS. P-2 SITE BEARING NO. 7440 MEASURING 6 X 9 METERS. P-3 SITE BEARING NO. 1906 MEASURING 9 X 12 METERS. P-4 SITE BEARING NO. 10783 MEASURING 9 X 12 METERS. P-5 SITE BEARING NO. 8498 MEASURING 9 X 12 METERS. P-6 SITE BEARING NO. 7348 MEASURING 6 X 9 METERS. P-7 SITE BEARING NO. 5361 MEASURING 9 X 12 METERS, ETC. - 8 - NC: 2025:KHC:3143 WP No. 26417 of 2023 C/W WP No. 34330 of 2024 WP No. 34361 of 2024 WP No. 1427 of 2025 IN WP NO. 1427/2025 BETWEEN: 1. SMT PUTTAMMA W/O LATE RAMEGOWDA, AGED ABOUT 65 YEARS, R/O, 4895/1, VIJAYANAGARA, 4TH STAGE, 2ND PHASE, MYSURU 570032. 2. SRI CHEATHAN H. R, S/O RAMACHANDRA, AGED ABOUT 34 YEARS, R/O, NO.227, HUNDI BEEDI HINKAL, MYSURU-570017 3. SRI MANOJ KUMAR. H. S, S/O SHIVANN, AGED ABOUT 34 YEARS, R/O NO. 572, RAMAMANDIRA ROAD, NEW STREET, HINKAL, MYSURU-570017. ...PETITIONERS (BY SRI. K R LINGARAJU., ADVOCATE) AND: 1. THE COMMISSIONER MYSURU URBAN DEVELOPMENT AUTHORITY, J.L.B. ROAD, MYSURU-570005. 2. THE SECRETARY, MYSURU URBAN DEVELOPMENT AUTHORITY, J L B ROAD, MYSURU-570005 3. THE MUNICIPAL COMMISSIONER CITY MUNICIPAL COUNCIL HOOTAGALLI MYSURU-570018 ...RESPONDENTS (BY SRI. H.C.SHIVARAMU., ADVOCATE FOR R-1 & R-2; SRI.G.M.ANAND., ADVOCATE FOR R-3) - 9 - NC: 2025:KHC:3143 WP No. 26417 of 2023 C/W WP No. 34330 of 2024 WP No. 34361 of 2024 WP No. 1427 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO DIRECTING THE RESPONDENTS TO ISSUE CLEARANCE CERTIFICATE (CR), FIXATION OF TAX AND ISSUANCE OF E-AASTHI IN FAVOUR OF PETITIONER NO. 1 SITE BEARING NO. 4895 MEASURING 9 X 12 METERES PETITIONER NO. 2 SITE BEARING NO. 11316/E MEASURING 6 X 9 METERS, ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioner in W.P. No.26417 of 2023— Vijayanagara 4th Stage Senior Citizen Welfare Association is a Society registered under the provisions of the Karnataka Societies Registration Act and seeks to espouse the cause of the residents of Vijayanagara 4th Stage. 2. The petitioner is challenging the notification dated 31.03.2021 issued under Section 357 of the Karnataka Municipalities Act, 1976 (for short, ‘the KM Act’), by which Hinkal Gram Panchayat has been included within the small urban area, which has been - 10 - NC: 2025:KHC:3143 WP No. 26417 of 2023 C/W WP No. 34330 of 2024 WP No. 34361 of 2024 WP No. 1427 of 2025 specified as the City Municipal Council (“CMC”) area, Hootagalli village. 3. The petitioner is also challenging the notification dated 27.05.2021 by which an Administrator has been appointed for the CMC, Hootagalli pending the constitution of the said CMC. 4. A prayer is also made for issuance of a direction to consider the representations dated 07.08.2023 and 09.08.2023, copies of which are produced at Annexures ‘J’, ‘H’ and ‘K’ respectively, the petitioner has requested the Mysore Mahanagara Palike as well as the Government to continue the Vijayanagara 4th stage of Mysore city to be under the authority and jurisdiction of Mysore Urban Development Authority (“MUDA”) and Mysore City Corporation. 5. W.P. No.34330 of 2024, W.P. No.34361 of 2024 and W.P. No.1427 of 2025 are filed by the petitioners, who have put up a construction and have approached - 11 - NC: 2025:KHC:3143 WP No. 26417 of 2023 C/W WP No. 34330 of 2024 WP No. 34361 of 2024 WP No. 1427 of 2025 MUDA for issuance of a clearance certificate, fixation of tax and issuance of an E-Asthi in respect of their sites which have been formed by the MUDA. 6. It is their case that their request have not been considered and the reason being put forth is that, the said duty is to be carried out by the City Municipal Council, Hootagalli. 7. All these writ petitions are clubbed together and disposed of by this common order, since the issues involved are similar. 8. It is the case of the petitioners that their properties are situated in a layout which was developed by the MUDA from the year 1998 onwards. They contend that once the layout is formed by the MUDA, it can only be handed over to the Mysore City Corporation and by the impugned notification, the Government is attempting to bring this area i.e., the layout formed - 12 - NC: 2025:KHC:3143 WP No. 26417 of 2023 C/W WP No. 34330 of 2024 WP No. 34361 of 2024 WP No. 1427 of 2025 by the MUDA called Vijayanagara 4the Stage under the jurisdiction of CMC, Hootagalli, which is illegal. 9. The petitioners contend that if their area is brought within the CMC, Hootagalli, there would be a decline in the maintenance of municipal standards as the manner in which the area was being taken care of by the MUDA cannot be replicated by the CMC. 10. It is sought to be argued that the quality of administration of a statutory authority like MUDA would be far superior than the supervision by the CMC, which is a smaller urban area, given the fact that the its funds and its personnel are limited. 11. The MUDA was constituted under the provisions of the Karnataka Urban Development Authorities Act, 1987 (for short, ‘the KUDA Act’) which required the MUDA to undertake the preparation and execution of a development scheme. The provisions of the Act require the MUDA to formulate a scheme, acquire the - 13 - NC: 2025:KHC:3143 WP No. 26417 of 2023 C/W WP No. 34330 of 2024 WP No. 34361 of 2024 WP No. 1427 of 2025 lands and after approval of the Government publish a declaration. The MUDA is thereafter required to form a layout and allot the sites to its members. 12. Section 29 of the KUDA Act, extract in the footnote empowers the Government, by way of a notification to declare, in the areas specified therein, the powers and functions of the Corporation or the Municipal Council or a Standing Committee under the Karnataka Municipal Corporations Act, 1976 or the Karnataka Municipalities Act, 1964 shall be exercised and discharged by the Urban Development Authority and the powers and functions of the Commissioner of the Corporation or the Municipal Commissioner or Chief Officer of the Municipal Council should be exercised and discharged by the Commissioner of the Urban Development Authority. 13. Sub-section (2) thereof mandates, the moment a declaration under Section 29(1) of the KUDA Act is made, the other municipal authorities i.e., the - 14 - NC: 2025:KHC:3143 WP No. 26417 of 2023 C/W WP No. 34330 of 2024 WP No. 34361 of 2024 WP No. 1427 of 2025 Corporation or the Municipal Council or any Standing Committee, shall not be competent to exercise or discharge the powers and functions conferred or imposed on the Authority. 14. It is therefore clear that the moment MUDA executes a scheme by issuance of a notification, it is made the Municipal Authority to discharge its municipal functions in respect of that particular area. 15. Section 30 of the KUDA Act declares that on completion of the formation of the streets, the same would be maintained by the local authority and Section 30(2) of the KUDA Act stipulates that any open space which may be notified by the Government, be transferred on completion to the local authority for its maintenance at the expense of the local authority and would thereafter would vest in the local authority. - 15 - NC: 2025:KHC:3143 WP No. 26417 of 2023 C/W WP No. 34330 of 2024 WP No. 34361 of 2024 WP No. 1427 of 2025 16. Thus, though normally the municipal functions had to be discharged by the entities established either under the Municipalities Act or under the Municipal Corporations Act, in the event of execution of a scheme, the Urban Development Authority is conferred with the responsibilities of a municipal body, but nevertheless the streets and open spaces would vest with the local authority on their completion. 17. The expression “local authority” has been defined under the KUDA Act to mean a municipal corporation or a municipal council constituted or continued under any law for the time being in force. 18. It is therefore clear that the local authority referred to in Sections 29 and 30 of the KUDA Act are the municipal authorities, which would either be a municipal corporation or a municipal council. - 16 - NC: 2025:KHC:3143 WP No. 26417 of 2023 C/W WP No. 34330 of 2024 WP No. 34361 of 2024 WP No. 1427 of 2025 19. In the instant case, the Government has proposed to constitute a smaller urban area in the city municipal area of Hootagali in exercise of the powers available under Section 3 read with Sections 9 and 257 of the KM Act. 20. Section 3 of the KM Act deals with constitution of municipal areas and it states that the Governor may specify by notification such area to be a smaller urban area and on issuance of a notification, the smaller urban area would be deemed to be a municipal area. The Governor is required to have regard to the population of any area, density of population of that area, the revenue generated for the local administration of such area; the percentage of employment in non-agricultural activities in such area; and the economic importance of such area; along with any other factors as may be prescribed. 21. This specification of smaller urban area under Section 3 of the KM Act is subject to the proviso to the said - 17 - NC: 2025:KHC:3143 WP No. 26417 of 2023 C/W WP No. 34330 of 2024 WP No. 34361 of 2024 WP No. 1427 of 2025 section which states that the population should not be less than twenty thousand and not more than three lakhs; the density of population would not be less than 1500 inhabitants to 01 sq.km of area; the revenue generated for local administration from such area from tax and non-tax sources is not less than Rs.9/- lakhs per annum; and the percentage of employment in non-agricultural activities is not less than 50% of the total employment. 22. Section 9 of the KM Act prescribes the procedure for constitution of smaller urban areas and requires the publication of a notification declaring any declaring any local area to be a smaller urban area. This notification is required to be published in the gazette and it is required to be posted in conspicuous places in the local area and calling for objections to be submitted to the Director of Municipal Administration within thirty days from the date of the said proclamation. - 18 - NC: 2025:KHC:3143 WP No. 26417 of 2023 C/W WP No. 34330 of 2024 WP No. 34361 of 2024 WP No. 1427 of 2025 23. The Commissioner is required to dispatch the objections that he has received to the Governor and the Governor is required to form an opinion, as to whether the objections are insufficient or invalid, and only thereafter, a notification is required to be issued. 24. It is to be noticed here that in order to constitute of a smaller urban area, the essential requirements are five factors i.e., (i) the population; (ii) the density of population; (iii) the revenue generated; (iv) the percentage of employment in non-agricultural activities; and (v) the economic importance of such area; 25. For the purpose of a smaller urban area, the minimum population required is 20,000 and the maximum would be 3,00,000. The density of population should not be less than 1,500 inhabitants to 01 sq.km. and the revenue generated should not be less than Rs.9,00,000/- p.a. and finally, the - 19 - NC: 2025:KHC:3143 WP No. 26417 of 2023 C/W WP No. 34330 of 2024 WP No. 34361 of 2024 WP No. 1427 of 2025 percentage of employment in non-agricultural activities should not be less than 50% of the total employment. 26. If these five factors are satisfied, the Governor can constitute a smaller urban area. However, before constituting a smaller urban area, the objections are required to be called for and to be considered. 27. It is obvious that the objections that can be raised van only be in relation to the five parameters indicated in section 3 of the KM Act. 28. The assertion of an objector that he would get a better service or that the value of his property would decline if the area is not included in a smaller urban area, is not one of the considerations contemplated under Section 3 of the KM Act. 29. It is stated that objections were raised by the petitioners as contemplated under S. 9 of the KM Act - 20 - NC: 2025:KHC:3143 WP No. 26417 of 2023 C/W WP No. 34330 of 2024 WP No. 34361 of 2024 WP No. 1427 of 2025 to the notification, however, they have not produced the same in order to examine their contentions. 30. The averments in the writ petitions would essentially indicate that the inclusion of their area into the City Municipal Council of Hootagalli would be detrimental since their area was looked after better by the MUDA and it would affect their dignity, status, etc. 31. It is also sought to be contended that the values of their properties would also stand diminished if it is brought within the purview of the CMC, as against being under the MUDA. 32. In my view, these arguments would be unacceptable. 33. As already noticed above, essentially the discharge of municipal functions would be by the authorities constituted either under the Municipalities Act or the Municipal Corporations Act. An Urban Development Authority constituted under the KUDA Act is merely - 21 - NC: 2025:KHC:3143 WP No. 26417 of 2023 C/W WP No. 34330 of 2024 WP No. 34361 of 2024 WP No. 1427 of 2025 conferred with the power temporarily, by virtue of it being an entity to execute a scheme. 34. The Scheme that is executed by the Urban Development Authority would ultimately have to be handed over to the local authority, for the purpose of discharging of municipal functions and it is therefore clear that the petitioners cannot insist that their area continued either under the MUDA or be brought within the purview of the Mysore City Corporation. 35. It is to be pertinent state here that no residents of area would have a legal right to demand that his area be under the municipal jurisdiction of a particular authority or a municpal authority of their choice. 36. The discharge of municipal functions is controlled by the provisions of either the Municipalities Act or the Municipal Corporations Act and it is for the Government to constitute appropriate municipal - 22 - NC: 2025:KHC:3143 WP No. 26417 of 2023 C/W WP No. 34330 of 2024 WP No. 34361 of 2024 WP No. 1427 of 2025 authorities having regard to the factors mentioned therein. 37. Thus, for a particular area which has a population of less than 3,00,000, a Municipal Corporation cannot be constituted and it is only a Municipal Council that can be constituted as provided under the provisions of the KM Act. 38. The Governor taking into consideration that the population of areas was 56,867 (as per notification); the density of the population was 1996; the revenue was Rs.1,200/-lakhs……… and the percentage of employment in non-agricultural activities was 99% as indicated in the notification itself, has taken a decision to constitute a smaller urban area called City Municipal Council, Hootagalli. 39. The manner in which a particular area is to be included in a smaller urban area would be exclusively within the discretion of the Government and since the - 23 - NC: 2025:KHC:3143 WP No. 26417 of 2023 C/W WP No. 34330 of 2024 WP No. 34361 of 2024 WP No. 1427 of 2025 parameters indicated in the KM Act have been satisfied, the decision of the Government to include the area coming within the Hinkal Gram Panchayat to be a part of the City Municipal Council, Hootagalli and as a consequence, Vijayanagara 4th Stage, which falls within the purview of Hinkal Gram Panchayat area, cannot be found fault with. 40. In my view, there is no infirmity in the issuance of the impugned Notification by the Government and therefore, the Writ Petition No.26417 of 2023 is dismissed. 41. In respect of the other three writ petitions, namely W.P. No.34330 of 2024, W.P. No.34361 of 2024 and W.P. No.1427 of 2025, as a consequence of the dismissal of W.P. No.26417 of 2023, the City Municipal Council, Hootagalli would have to assess the properties of the petitioners for tax by considering the their request. - 24 - NC: 2025:KHC:3143 WP No. 26417 of 2023 C/W WP No. 34330 of 2024 WP No. 34361 of 2024 WP No. 1427 of 2025 42. The MUDA shall render all assistance and supply all documents to the City Municipal Council, Hootagalli to ensure that the necessary documents are furnished to the petitioners and relevant entries are made in the Registers of City Municipal Council, Hootagalli. 43. This exercise shall be undertaken and completed within a period of one month from the date of receipt of a copy of this order. 44. Accordingly, W.P. No.34330 of 2024, W.P. No.34361 of 2024 and W.P. No.1427 of 2025 are also dismissed. Sd/- (N S SANJAY GOWDA) JUDGE RK/- List No.: 1 Sl No.: 28