SRI.MARILINGU vs. STATE OF KARNATAKA

- 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF AUGUST, 2022 PRESENT THE HON’BLE MR. ALOK ARADHE, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE S.VISHWAJITH SHETTY WRIT APPEAL NO.1387 OF 2021 (LA-UDA) BETWEEN: 1 . SRI MARILINGU S/O LATE CHIKKABORAIAH AGED ABOUT 71 YEARS 2 . SRI SIDDEGOWDA S/O LATE CHIKKABORAIAH AGED ABOUT 56 YEARS 3 . SMT. NAGARATHNA AGED ABOUT 58 YEARS D/O LATE CHIKKABORAIAH ALL ARE RESIDENTS OF GADDIGE ROAD BOGADI SECOND STAGE MYSORE-570001 ...APPELLANTS (BY SRI VASANTH MADHAVA S, ADVOCATE) AND 1 . STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT M S BUILDING DR. AMBEDKAR ROAD

- 2 - BANGALORE-560001 BY ITS PRINCIPAL SECRETARY 2 . MYSORE URBAN DEVELOPMENT AUTHORITY JHANSI LAKSHMIBAI ROAD MYSORE-570004 REPRESENTED BY ITS COMMISSIONER 3 . THE CHAIRMAN MYSORE URBAN DEVELOPMENT AUTHORITY JHANSI LAKSHMIBAI ROAD MYSORE-570004 4 . PR CHIEF COMMISSIONER C R BUILDINGS QUEENS ROAD BENGALURU-560001 5 . PR COMMISSION OF INCOME TAX NO.21/16, RESIDENCY ROAD NAZARBAD, MYSURU - 570010 …RESPONDENTS (BY SMT. VANI H, AGA FOR R-1; SRI S V DESAI, ADVOCATE FOR R-2 & 3; SRI K V ARAVIND, ADVOCATE FOR C/R-4 & 5) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.57810/2014 DATED 29.10.2021 AND ETC. THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, ACTING CHIEF JUSTICE DELIVERED THE FOLLOWING:

- 3 - JUDGMENT This intra Court appeal has been filed against the order dated 29.10.2021 passed by the learned Single Judge by which, the writ petition preferred by the appellants has been dismissed. 2. The facts giving rise to filing of this appeal briefly stated are that the appellants claim to be the absolute owners of the land bearing Sy.No.109/1A measuring 6 acres 17 guntas of Bogadi Village, Mysuru Taluk. The Government had issued a preliminary notification notifying acquisition of the aforesaid land and the final notification was issued on 25.06.1988. Thereafter, an award was passed on 11.01.1989. The Mysore Urban Development Authority (hereinafter referred to as ‘MUDA’ for short) took possession of the land on 23.03.2002. The appellants/petitioners assailed the validity of the acquisition proceedings in a writ petition which was allowed by an order dated 23.07.2003 and the

- 4 - proceedings initiated for acquisition of the land were held to have been lapsed. MUDA thereafter challenged the said order in an intra Court appeal i.e., W.A.No.5961/2003 which was allowed on 12.01.2011 and the order passed by the learned Single Judge was set aside. The order passed by the Division Bench was upheld by the Hon’ble Supreme Court in SLP (Civil) No.18095/2011. The appellants/petitioners again assailed the validity of the proceedings in the subsequent round of litigation. 3. The learned Single Judge, by an order dated 29.10.2021, has dismissed the writ petition inter alia on the ground that the action of the appellants in filing successive writ petitions is nothing but an abuse of the process of law. 4. We have heard learned counsel for the appellants at length and have perused the record.

- 5 - 5. The appellants have successively filed the writ petition seeking reliefs in respect of the land in question. The learned Single Judge has rightly held that the action of the appellants in repeatedly filing the writ petitions before this Court is an abuse of the process of law. For the aforementioned reason, we do not find any ground to entertain the appeal. The appeal is hereby dismissed.

In view of dismissal of the appeal, the pending interlocutory applications do not survive for consideration and are accordingly disposed of. Sd/- ACTING CHIEF JUSTICE Sd/- JUDGE bkv