C. G. Purushotham vs Mysore Urban Development ...
2022 Latest Caselaw 1883 Kant

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 7TH DAY OF FEBRUARY, 2022

                          PRESENT

          THE HON'BLE MRS.JUSTICE S.SUJATHA

                            AND

        THE HON'BLE MR. JUSTICE RAVI V. HOSMANI

               W.A.No.2210/2017 (LB - RES)
BETWEEN :

C.G.PURUSHOTHAM
S/O LATE GIRIRAJEGOWDA,
AGED ABOUT 59 YEARS, R/AT # 215,
HEBBAL INDUSTRIAL LAYOUT,
BELAVADI POST, MYSORE-570018.                  ...APPELLANT

                  (BY SRI P.MAHESHA, ADV.)
AND :

1.      MYSORE URBAN DEVELOPMENT AUTHORITY
        J.L.B. ROAD, MYSORE-570 023.
        BY ITS COMMISSIONER.

2.      THE ASSISTANT EXECUTIVE ENGINEER,
        SUB DIVISION - 3, MUDA,
        J.L.B. ROAD, MYSORE - 570 023.

3.      THE STATE OF KARNATAKA
        URBAN DEVELOPMENT DEPARTMENT
        M.S.BUILDINGS, BANGALORE - 560 001
        BY ITS SECRETARY.                  ...RESPONDENTS

         (BY SRI T.P.VIVEKANANDA, ADV. FOR R-1 & R-2;
              SRI G.V.SHASHIKUMAR, AGA FOR R-3.)

     THIS W.A. IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE
ORDER PASSED IN THE W.P.No.126/2010 DATED 18.01.2014.
                              -2-


     THIS APPEAL COMING ON FOR PRELIMINARY HEARING,
THIS DAY, S. SUJATHA, J., DELIVERED THE FOLLOWING:

                      JUDGMENT

Learned counsel appearing for both the parties

jointly submit that the issue involved herein is no more

res integra in view of the order passed by the Hon'ble

Apex Court on 26.07.2016 in the case of Nirmala S.R.

vs. Mysore Urban Development Authority (Civil

Appeal NO.7048/2016 and connected matters),

whereby the parties are directed to appear before the

Revisional Authority under the provisions of the

Karnataka Urban Development Authority Act, 1987

('Act' for short) and Rules 19 of the Karnataka Urban

Development Authority (Allotment of Sites) Rules, 1991.

The Revisional Authority has been directed to pass

appropriate orders in accordance with law after hearing

the parties.

2. We have perused the order of the Hon'ble

Apex Court referred to above, by the learned counsel

appearing for the parties.

3. The matter being squarely covered by the

said decision, we dispose of this appeal in terms of the

said order. The appellant is permitted to appear before

the Revisional Authority under the provisions of the Act

within a period of thirty days from today and on such

proceedings if initiated by the appellant, the Revisional

Authority shall pass appropriate orders in accordance

with law after hearing the parties in an expeditious

manner.

4. We make it clear that we have not expressed

any opinion on the merits of the claims of the appellant.

All the rights and contentions of the parties are left

open.

The appeal stands disposed of accordingly.

Sd/-

JUDGE

Sd/-

JUDGE PMR