MANJULA Vs. CHIEF MINISTER GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) WRIT Appeal Nos. 4001 and 6910 to 6939 of 2001 have been filed by the petitioners of various writ petitions against the common order passed by the learned Single Judge in W. P. Nos. 15209 to 15269 of 2000, dated 28-5-2001. The necessary facts in brief are that the appellants are the residents of the layout formed in Sy. No. 1 of Vijayashreepura Village, Kasaba hobli, Mysore Taluk, Mysore. They purchased the properties and constructed residential houses long back. They had filed Writ Petition nos. 9203 to 9224 of 2000, which were clubbed by the learned Single judge and dismissed by a common order dated 28-5-2001. It is stated that K. B. Ramachandraraje Urs, claiming to be the owner of the property, questioned the acquisition proceedings wherein number of persons claiming to be the tenants of the said land had made applications for grant of occupancy rights. The Land Tribunal, after hearing, held that the property is a Government land. The same was challenged by K. B. Ramachandraraje Urs in W. P. Nos. 14726 and 31449 of 1994. The writ petitions were allowed on 22-2-2001 (KB. Ramachandra Raje Urs v State of Karnataka and Others ). Writ Appeal no. 1297 of 2001 and connected cases were filed. Interim order of stay was granted. The main contention is that persons who are affected were not made parties in W. P. No. 23429 of 1998. An interim order was passed for demolition, disconnection and others. However, S. L. P. Nos. 8375 and 8714 of 2000 were filed, wherein interim orders of stay have been granted. The further case of the appellants is that the learned single Judge without going into the merits of the case dismissed the writ petitions filed by the appellants by a common order dated 28-5-2001. Therefore, it is prayed that the said order may be set aside.

(2.) WRIT Appeal Nos. 4002, 6137 to 6156 of 2001 and 3524 of 2002 are filed by Vijayashreepura Residents Welfare Association against the state, being aggrieved by the order dated 28-5-2001 passed in W. P. Nos. 9203 to 9224 of 2000 and connected matters. The learned Single Judge had dismissed the said writ petitions observing that the petitioners had purchased the lands from their vendor who had no ownership or title to the land in question and are therefore not entitled for regularisation of their unauthorised constructions. Therefore, the appellants pray for setting aside the order.

(3.) WRIT Appeal No. 1297 of 2001 is filed by J. S. S. Mahavidyapeetha (respondent 28 in W. P. No. 14726 of 1994) against the common order dated 22-2-2001 passed in W. P. No. 14726 of 1994 connected with W. P. No. 31449 of 1994 filed by the petitioner-KB. Ramachandra Raje Urs, wherein the writ petitions were partly allowed without disturbing the notification and award, but respondent 28-appellant herein was ordered to hand over the property granted to it under Annexure-H notwithstanding improvements made upon the land in question within 60 days to Mysore Urban Development Authority ('muda' for short ). The MUDA was further directed to take steps to evict the unauthorised occupants. The appellant prays to set aside the order dated 22-2-2001. This writ appeal was admitted on 13-3-2001 and it was directed to maintain status quo as to the possession of the land under dispute pending further orders.