SURVODAYA MILLS WORKERS UNION Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petition was listed in the preliminary hearing Group 'B'. By consent of the counsel appearing for the parties, the petition is heard on merits and disposed of finally. This petition is presented by the petitioner for quashing the order dated 31-5-1993 passed by the first respondent in Order No. HUD 109 CUP 92 (Annexure-5) on the ground that the same is illegal and without the authority of law having been made in violation of the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (for short 'the Act'), besides being arbitrary and violative of Article 14 of the Constitution.

(2.) The petitioner has further sought for a writ of mandamus directing the first respondent to take action under Section 20(2) of the Act by taking over the entire land in Sy. Nos. 97 / 2 and 98 of Yeshwanthpur, Bangalore on the ground that the land in question is in excess of the ceiling limit and for a further direction to 6th respondent to retain the entire land for the company for its expansion and to create or generate employment and economic development.

(3.) The petitioner is stated to be the recognised Trade Union in the 6th respondent industry. The 6th respondent is the owner of 9 acres 13 guntas of land in Sy. No. 97/2 and 98 of Yeshwanthpur. Survey No. 97/2 is stated to have been acquired by the 6th respondent under a registered sale deed dated 21-3-1953 and Sy. No. 98 was acquired by means of a grant made by the Government in the year 1962. The 6th respondent has constructed factory building and some residential quarters for the occupation of the employees of their factory in a portion of the said land.