BHAVANJI N. PATEL, S/O NARAYANA B. PATEL v. STATE OF KARNATAKA
2017-02-03
B.S.PATIL
body2017
DigiLaw.ai
ORDER : 1. Petitioners had earlier approached this Court in W.P.Nos.8004-8041/2010 challenging the preliminary and final notifications issued by the State Government acquiring sites/lands of the petitioners along with other sites/lands for the benefit of BDA for formation of a layout called ‘Nadaprabhu Kempegowda Layout’. This Court disposed of W.P.No.8004/2010 vide order dated 10.12.2013 in the case of Jayalakshmi Vs. State of Karnataka quashing the entire notification acquiring the lands in terms of the order passed earlier in a batch of writ petitions. However, as regards the present petitioners who had filed a common writ petition along with Jayalakshmi in W.P.Nos.8004-8041/2010 by joining together, learned Single Judge of this Court passed an order dated 27.09.2016 reserving liberty to the petitioners to file individual writ petitions praying for disposal in terms of the order dated 10.12.2013 passed in W.P.No.8004/2010. Accordingly, petitioners have filed these writ petitions. 2. Petitioners were directed to serve the standing counsel for BDA Sri C.R.Gopal Swamy, who had appeared for BDA in W.P.No.8004/2010. 3. These matters have been listed for preliminary hearing today. Office has raised objection regarding non-production of certified copies of the notifications. Office objection is overruled having regard to the fact that very notifications, certified copies of which were produced in the connected writ petition, have been quashed. Now what is required to be done in the present case is to declare that the order dated 10.12.2013 passed in W.P.No.8004/2010 is applicable to the petitioners herein also, who had indeed filed joint writ petitions along with Jayalakshmi, but were directed to file separate writ petitions seeking similar relief. 4. Petition averments disclose that petitioners herein are similarly placed as that of Jayalakshmi and the notifications challenged are the very notifications acquiring the lands for formation of layout called ‘Nadaprabhu Kempegowda Layout’ by the BDA. The said notification both preliminary and final having been quashed by this Court already in W.P.No.8004/2010 disposed of on 10.12.2013, these writ petitions are also allowed following the said order and for the reasons stated therein. Impugned notifications are quashed. Sri C.R.Gopal Swamy, learned counsel is permitted to file vakalath for respondent BDA within three weeks from today. Learned Additional Government Advocate is permitted to file memo of appearance for the respondent – State within three weeks from today.