THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
WRIT APPEAL No.28 of 2014
JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)
Mr. Parsa Ananth Nageshwar Rao, learned
Government Pleader attached to the office of learned
Advocate General for the appellants.
2. This intra court appeal under Clause 15 of the Letters
Patent has been filed against the order dated 17.03.2011
passed by the learned Single Judge by which W.P.No.24552
of 2008 preferred by the owners of the land has been
allowed and G.O.Ms.No.580 dated 04.05.2005 passed by the
State Government in exercise of powers under Section 34 of
the Urban Land (Ceiling and Regulation) Act, 1976 and the
consequential order dated 28.03.2006 passed by the
competent authority have been quashed.
3. Learned Single Judge while passing the aforesaid order
has placed reliance on the order dated 05.03.2009 in
::2::
W.P.No.16803 of 2008. The validity of the said order has
been examined by us today in W.A.No.1438 of 2009 and the
same has been set aside by a separate judgment.
4. Respondent Nos.1 to 3 claim to be the purchasers
prior to passing of the order dated 04.05.2005. However, their claim on merits has not been examined by the learned Single Judge. Therefore, we set aside the order dated 17.03.2011 passed by the learned Single Judge in W.P.No.24552 of 2008 and remit the matter to the learned Single Judge for fresh decision.
5. Accordingly, the writ appeal is allowed.
As a sequel, miscellaneous petitions, pending if any, stand closed.
___________________ ALOK ARADHE, CJ __________________________________ LAXMI NARAYANA ALISHETTY, J Date: 03.11.2023 ES