Karnataka High Court
Sri.Marilingu vs State Of Karnataka on 16 August, 2022
Bench: Acting Chief Justice, S Vishwajith Shetty
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF AUGUST, 2022
PRESENT
THE HON'BLE MR. ALOK ARADHE, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT APPEAL NO.1387 OF 2021 (LA-UDA)
BETWEEN:
1 . SRI MARILINGU
S/O LATE CHIKKABORAIAH
AGED ABOUT 71 YEARS
2 . SRI SIDDEGOWDA
S/O LATE CHIKKABORAIAH
AGED ABOUT 56 YEARS
3 . SMT. NAGARATHNA
AGED ABOUT 58 YEARS
D/O LATE CHIKKABORAIAH
ALL ARE RESIDENTS OF
GADDIGE ROAD
BOGADI SECOND STAGE
MYSORE-570001
...APPELLANTS
(BY SRI VASANTH MADHAVA S, ADVOCATE)
AND
1 . STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
M S BUILDING
DR. AMBEDKAR ROAD
-2-
BANGALORE-560001
BY ITS PRINCIPAL SECRETARY
2 . MYSORE URBAN DEVELOPMENT
AUTHORITY
JHANSI LAKSHMIBAI ROAD
MYSORE-570004
REPRESENTED BY ITS
COMMISSIONER
3 . THE CHAIRMAN
MYSORE URBAN DEVELOPMENT
AUTHORITY
JHANSI LAKSHMIBAI ROAD
MYSORE-570004
4 . PR CHIEF COMMISSIONER
C R BUILDINGS
QUEENS ROAD
BENGALURU-560001
5 . PR COMMISSION OF INCOME TAX
NO.21/16, RESIDENCY ROAD
NAZARBAD, MYSURU - 570010
...RESPONDENTS
(BY SMT. VANI H, AGA FOR R-1;
SRI S V DESAI, ADVOCATE FOR R-2 & 3;
SRI K V ARAVIND, ADVOCATE FOR C/R-4 & 5)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
THE KARNATAKA HIGH COURT ACT PRAYING TO SET
ASIDE THE ORDER PASSED BY THE LEARNED SINGLE
JUDGE IN W.P.NO.57810/2014 DATED 29.10.2021 AND
ETC.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING THIS DAY, ACTING CHIEF JUSTICE DELIVERED
THE FOLLOWING:
-3-
JUDGMENT
This intra Court appeal has been filed against
the order dated 29.10.2021 passed by the learned
Single Judge by which, the writ petition preferred by
the appellants has been dismissed.
2. The facts giving rise to filing of this appeal
briefly stated are that the appellants claim to be the
absolute owners of the land bearing Sy.No.109/1A
measuring 6 acres 17 guntas of Bogadi Village,
Mysuru Taluk. The Government had issued a
preliminary notification notifying acquisition of the
aforesaid land and the final notification was issued
on 25.06.1988. Thereafter, an award was passed on
11.01.1989. The Mysore Urban Development
Authority (hereinafter referred to as 'MUDA' for
short) took possession of the land on 23.03.2002.
The appellants/petitioners assailed the validity of
the acquisition proceedings in a writ petition which
was allowed by an order dated 23.07.2003 and the
proceedings initiated for acquisition of the land were
held to have been lapsed. MUDA thereafter
challenged the said order in an intra Court appeal
i.e., W.A.No.5961/2003 which was allowed on
12.01.2011 and the order passed by the learned
Single Judge was set aside. The order passed by the
Division Bench was upheld by the Hon'ble Supreme
Court in SLP (Civil) No.18095/2011. The
appellants/petitioners again assailed the validity of
the proceedings in the subsequent round of
litigation.
3. The learned Single Judge, by an order
dated 29.10.2021, has dismissed the writ petition
inter alia on the ground that the action of the
appellants in filing successive writ petitions is
nothing but an abuse of the process of law.
4. We have heard learned counsel for the
appellants at length and have perused the record.
5. The appellants have successively filed the
writ petition seeking reliefs in respect of the land in
question. The learned Single Judge has rightly held
that the action of the appellants in repeatedly filing
the writ petitions before this Court is an abuse of the
process of law.
For the aforementioned reason, we do not find
any ground to entertain the appeal.
The appeal is hereby dismissed.
In view of dismissal of the appeal, the pending
interlocutory applications do not survive for
consideration and are accordingly disposed of.
Sd/-
ACTING CHIEF JUSTICE
Sd/-
JUDGE
bkv
