S.T. Buddhi Sagar vs State Of Karnataka & Others

S.R. Krishna Kumar, J

In this petition, petitioner has sought for the following reliefs:

Issue a Writ in the nature of Certiorari or any appropriate Writ or Order quashing land acquisition proceedings initiated by the 2nd

Respondent Authority through Preliminary Notification dated 09.10.2006, bearing No.LAQ (1) CR 79/2005-06 annexed at Annexure-H to

the Writ Petition as lapsed in so far as Schedule Land belonging to the Petitioner is concerned

Issue a Writ of Certiorari or any other similar Writ or Order quashing the Resolution dated 11.02.2010 of the 2nd Respondent Authority

which is produced herewith at Annexure-J to the Writ Petition in so far as the land of petitioner is concerned.

Issue a Writ of Certiorari or any other similar Writ or Order quashing the undated endorsement with respect to application bearing

No.DMD398037E4D3125 issued by the 3rd Respondent at Annexure-G to the Writ Petition

Issue Writ of Mandamus or any similar Writ or Order directing the 2nd & 3rd Respondent to approve the conversion of land as sought

for in the application bearing No.DMD398037E4D3125 on 13.08.2019.

Grant such other reliefs as this Hon'ble Court deems fit to the circumstances of this case, in the interest of Justice and Equity.

Heard the learned counsel for petitioner, learned AGA for respondent No.1, learned counsel for respondent Nos.2 to 4 and perused the material on

record.

The material on record indicates that the issue in controversy involved in the present petition is directly covered by the decisions of this Court in (i)

Sri.P.Suresh vs. State of Karnataka and others - W.P.No.42180/2015 Dated 30.09.2015; and (ii) Sri.C.Mahadevu vs. State of Karnataka

and others - W.P.No.30739/2015 c/w W.P.No.10916/2015 Dated 04.09.2015, in which the very same impugned preliminary notification dated

09.10.2006 was quashed in respect of the lands involved in the said decisions. Accordingly, I am of the considered view that the present petition

deserves to be disposed off in terms of the said decisions of this Court referred to supra in addition to issuing certain directions.

In view of the aforesaid facts and circumstances, I pass the following:-

ORDER

(i) Petition is allowed and disposed off in terms of the decisions of this Court in the cases of Sri.P.Suresh vs. State of Karnataka and others -

W.P.No.42180/2015 Dated 30.09.2015 and Sri.C.Mahadevu vs. State of Karnataka and others - W.P.No.30739/2015 c/w

W.P.No.10916/2015 Dated 04.09.2015.

(ii) The impugned preliminary notification dated 09.10.2006 issued by respondent No.2 is hereby quashed in respect of the schedule property of the

petitioner is concerned.

(iii) The impugned Resolution at Annexure - J dated 11.02.2010 passed by respondent No.2 is hereby quashed insofar as schedule property of the

petitioner is concerned.

(iv) The impugned Endorsement at Annexure - G issued by respondent No.3 is hereby quashed.

(v) Liberty is reserved in favour of the petitioner to submit a fresh representation along with relevant documents to the respondents within a period of

three weeks from the date of the receipt of copy of this order; if such a representation along with relevant documents are submitted by the petitioner,

respondents shall address the grievances of the petitioner and consider and pass appropriate orders on the same within a period of three months from

the date of submission of such representation and documents referred to supra.

No costs.