MOHAMMED UNNAIR MADANI (CORRECT NAME - MOHAMMED UMMER MADANI) Vs. STATE OF KARNATAKA, MYSORE URBAN DEVELOPMENT AUTHORITY, DEPUTY COMMISSIONER AND SMT. A. SHEELA MAJOR

JUDGEMENT

(1.) THE appellant is questioning the legality and correctness of the order passed by the learned Single Judge in W.P. No. 11222/2008, dated 20.10.2010, wherein the learned Single Judge has dismissed the writ petition. Though the matter is listed for preliminary hearing, by the consent of parties, the matter is taken up for final hearing.

(2.) THE undisputed facts in this appeal are as hereunder: The appellant herein purchased 21 guntas of land in survey No. 87/2, at Kyatharanahalli Village, Kasaba Hobli, Mysore Taluk, under a registered sale deed dated 22.04.2003 with an intention to run a free hostel for poor and needy persons. According to him, he is running a religious and charitable institution and also a school for poor students.

(3.) IN the meanwhile, a notification came to be issued under Section - 17(1) of the Karnataka Urban Development Authority Act 1987, initiating acquisition proceedings in respect of the land purchased by the appellant. Therefore, challenging the legality and correctness of the notification for acquiring the petitioner's land as illegal, the writ petition came to be filed requesting the Court to quash the final notification dated 21.01.2008, as per Annexure -E to the writ petition.