GURU SHANTHAPPA, SON OF LATE PATEL KULLAPPA AND OTHERS Vs. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, M.S. BUILDING, BANGALORE-560001, THE MYSORE URBAN DEVELOPMENT AUTHORITY (MUDA), REPRESENTED BY ITS

JUDGEMENT

(1.) THE counsel for the petitioners remains absent. Though the matter was passed over, the counsel does not make an appearance. The learned counsel for the respondents was heard at length. It is pointed out that the petitioners have sought to question the preliminary notification dated 23.12.1991 and a final notification dated 10.12.1992 issued in respect of the lands bearing Sy. Nos. 108 and 109 measuring about 8 acres 28 guntas of Basavanahalli Village, Kasaba Hobli, Mysore Taluk and District, under Sections 17 and 19 of the Karnataka Urban Development Authorities Act, 1987 (hereinafter referred to as 'the Act' for brevity).

(2.) THE learned counsel for the respondents who has entered appearance and filed Statement of objections, has also produced a copy of the order passed in Annexure -R2 that notwithstanding the earlier disposal of several writ petitions referred to by the petitioners, and which pertained only to the lands covered under those writ petitions, a subsequent challenge was made in W.P. No. 16054/2004 in respect of the very same notifications and that petition was disposed of on 11.1.2005 while noting the extent of development of the layout that was formed after acquiring the lands by the respondents and the details of such development has been recorded in Paragraph 7 of the said order which clearly indicates that there was substantial development even as early as 2005 and as on date, the entire layout has been formed and sites have been allotted and particulars are sought to be furnished in the Statement of objections. In that light of the matter, the petitions would not survive for consideration. In any event, since the counsel for the petitioners remains absent, the petitions are dismissed for non -prosecution.