MUSRATH YASEEN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE Petitioners have filed these petitions requesting this Court to direct the respondents to consider their applications for regularization of their constructions made upon the petition schedule properties under the provisions of the Karnataka Regularization of unauthorized constructions in Urban Areas Act, 1991 (in short Act) and not to interfere with their peaceful possession and enjoyment over the petition schedule properties. A prayer is made to declare that the entire acquisition proceedings of the land by the state Government in favour of 7th respondent-Society (In short called as Society) have been lapsed.

(2.) DURING pendency of these writ petitions, petitioners have filed an application seeking amendment to the prayer column of the writ petitions to direct the respondents to consider the case of the petitioners either under the provisions of the KRUCUA Act, 1991 or as per the Government order dated 12. 10. 1987, 27. 9. 1990 and other Government orders which are in force or any subsequent Government Order issued subsequent to 1. 1. 2000 and to grant such other relief/reliefs. The application has been opposed by filing objections by the society. The application is also heard along with the main writ petitions. Since the application was filed by the petitioners during the course of arguments on merits, in the interest of justice the application is allowed.

(3.) THE brief facts of the case are stated as hereunder: