I. M. OMKAR Vs. SATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners have filed the present writ petition seeking for issuance of writ of mandamus restraining the respondents from interfering or dispossessing the petitioners from the schedule property.

(2.) The petitioners have filed the present writ petition on the premise that only preliminary notification has been passed and that without concluding the acquisition proceedings, steps are afoot to take possession of the properties of the petitioners, morefully described in the schedule. Accordingly, an order of restraint is sought against the respondents.

(3.) Sri. A. Ravishankar, learned counsel for respondent No.2 has filed statement of objections and brings to the notice of the Court the preliminary notification issued under Sec. 17(1) of the Karnataka Urban Development Authorities Act, 1987 (for short 'the Act') followed by the final notification under Sec. 19(1) of the Act dtd. 20/2/2023, copy of which is produced at Annexure-R5. He submits that the apprehension of the petitioners at the present stage is based on the false premise and even otherwise, the question of taking over possession of the petitioners' lands is only after the award is passed, which is the procedure prescribed under the Act.