Sri.H.K.Partha S/O Late … vs State Of Karnataka By Its Secy on 27 August, 2009

I STATE OF KARNATAKA
BY ITS SECRETARY
DEPT. OF URBAN DEVELOPMENT    %
M.S.BUII_DIN<3,BANGALORESSO D01  'I

2 MYSORE URBAN DEvLEOPMENT"AuTHORIT'Y"
BY ITS COMMISSIONER"-._ V V  
JHANSI RANI L.AKSHMI"BAIROAD=,.__  I 
MYSORE. 'v w. *-

 ; A' RESRONDENTS

(By Sri : P S MAN:UNATT:--,i;AD'v.,;.FOR 6:/':Fi'2'
SRI B. VEERI§\PE3«{§,1'-AGiA., TOR R1) 

WRI5TyA_VPP:E'AL«. IS'=IE-IL'EVD']I.U/S -4 OF THE KARNATAKA
HIGH CQURTV"'ACTVPR'AYINC._TO_€SET ASIDE THE ORDER
PASSED "INTTHE ':wRIT*.._RETITIO'N NO.I3oo6/2006 DATED

16/0Z;{_O9_.-- V' 

__'i'HIS"~W'RIT';./3IPvPEf{i_ COMING UP FOR ORDERS ON
TI-Us DAY, SA'BHAHITvJ., DELIVERED THE FOLLOWING:

J DGEMENT

 TvhisV'E:'1..vADpeai is filed by the petitioners in W.P.

 No.1'3(j'0:6/2006 being aggrieved by the order dated

A  16iQ'(3_2.2009, wherein the learned single Judge of this court

  ijaas dismissed the writ petition as devoid of merit.

W



8. We have given careful consideration to the
contentions of the learned counsei appearing'=fo«r_l"-the
parties and scrutinized the material on record;   A

9. The material on record would c'i'ea'r!yV 

the land belonging to the a'p_p'ellants"-{yvrit  has'

been acquired pursuant to thexp*vrel'i'»mAina.ry'notification and
final notification petition and the
brother of tn?jiins¢iiiiPi:eirr iiliafi   No. 1593772006
before this,   iaicdwuisition proceedings
and  dismissed. Section 11~
A of :"t,he«_/iuzt would not be appiicable to
acquisition';  _ the Urban Development

Authoriities  Further, the materiai on record would

  shoéi/V-..,t_hat there is inordinate delay in questioning

 .thle__ac'qn'_;v3i_'ti'o'n"proceedings as the preliminary notification

is'"dated.O'1:O4.1981 and the final notification is passed on

it  *Z?.9_,aO3.vi.984 and the writ petition is filed in 2006. The

"'.rn'aterial on record would cleariy show that the iand in

l " "question has been acquired for formation of Vijayanagar

layout by the second respondent ~-- MUDA and the

U7