H.ABDUL HAMID Vs. VIQUARUNNISSA

JUDGEMENT

(1.) This intra court appeal arises out of an order dtd. 17/1/2022 passed by the learned Single Judge.

(2.) Facts leading to filing of this appeal briefly stated are that land measuring 16 x 100 feet situate between Site Nos.195 and 196 was allotted to the appellant. The respondent No.1 challenged the aforesaid allotment in a writ petition namely W.P. No.10007/2007. Learned Single Judge by an order dtd. 4/12/2009 allowed the writ petition and quashed the impugned resolution dtd. 17/5/2003 and order of allotment dtd. 21/6/2003. It was further held that, the appellant did not derive any title in respect of marginal land under the Sale Deed. The matter was remitted to the Mysore Urban Development Authority (hereinafter referred to as the Authority for short) to consider the claim of the respondent No.1 to the extent of 8 feet x 50 feet in respect of marginal land and directed the Authority to consider the claim of the appellant for allotment of remaining marginal land. The Authority was further directed to pass appropriate resolution and an order of allotment and was directed to refund the excess amount to the appellant.

(3.) An intra court appeal namely W.A. No.2612/2010 preferred against the aforesaid order was dismissed by a division bench of this Court on the ground that the same has become infructuous. A review petition namely R.P. No.218/2011 was filed which was disposed of by a division bench of this Court vide order dtd. 24/6/2011 with an observation that all contentions have been kept open for consideration. A liberty was also granted to challenge the order dtd. 2/7/2010 passed by the Authority in accordance with law.