S.N. GOWDA S/O NANJEGOWDA AND OTHERS Vs. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT REP. BY CHIEF SECRETARY, MYSORE URBAN DEVELOPMENT AUTHORITY REP. BY ITS COMMISSIONER AND BHARATHI VIDYA BHAWAN REP. BY ITS PRESIDENT

JUDGEMENT

(1.) THE Petitioners have approached this Court, so as to assail the order passed by the Mysore Urban Development Authority (Respondent No. 2 herein) dated 17.10.2008, whereby it sanctioned a civil amenity site to Respondent No. 3 i.e., Bharathi Vidya Bhavan, Vijayanagar, Mysore. It is the contention of the Petitioners, that Respondent No. 3 had sought the land in question for use as a play ground, and that, by the sanction letter dated 17.10.2008, the land under reference, could not have been allotted for construction of an educational and cultural building.

(2.) IN response to the assertion contained in the writ petition, the Mysore Urban Development Authority has clearly averred in its statement of objections, that the depiction in the sanction letter dated 17.10.2008, "to construct educational and cultural building.." was a matter of an inadvertent mistake, and that, the land in question measuring 3522 sq. mts. was intended to be granted to Respondent No. 3 only for use as a playground. It is submitted, that the sanction letter and the consequential lease agreement, shy 11 be rectified by an appropriate amendment within two weeks from today.

(3.) IN view of the statement made by the learned Counsel for Respondent Nos. 2 and 3, we are satisfied, that the prayers sought by the Petitioner, through the instant writ petition filed in public interest, have been acceded to, and as such, the instant writ petition has been rendered infructuous.