2024:KHC:9589

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NC: 2024:KHC:9589
WP No. 23934 of 2022
 
 
IN THE HIGH COURT OF KARNATAKA AT BENGALURU 
DATED THIS THE 7TH DAY OF MARCH, 2024 
BEFORE 
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR 
WRIT PETITION NO. 23934 OF 2022 (ULC) 
BETWEEN:  
 
 
SRI H GANGAPPA 
S/O LATE HUCHAPPA, 
AGED ABOUT 72 YEARS, 
R/AT SOMASHETTIHALLI, 
YESHWANTHAPURA HOBLI, 
BANGALORE NORTH TALUK 
BENEFIT OF SENIOR CITIZEN NOT CLAIMED 
…PETITIONER 
(BY SRI. DALWAI VENKATESH, ADVOCATE) 
 
AND: 
 
1. 
THE STATE OF KARNATAKA 
REVENUE DEPARTMENT 
ITS SECRETARY, VIDHANA SOUDHA 
BANGALORE  560 001. 
 
2. 
THE ADDL. SPECIAL DEPUTY COMMISSIONER 
URBAN  LAND CEILING 
BANGALORE 560 020. 
 
3. 
THE THASILDAR  
 
YESHWANTAPURA HOBLI 
 
BENGALURU NORTH TALUK 
 
BENGALURU 
 
…RESPONDENTS 
(BY SMT. HEMALATHA, ADVOCATE FOR R1 TO R3) 
 
 
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE 
CONSTITUTION OF INDIA PRAYING TO DECLARE THAT PROCEEDINGS 
UNDER AD ARISING OUT OF ULC.A(9) 165/84-85 PRODUCED AT 
ANNEXURE-B BEFORE THE R2 HAVE LAPSED UNDER URBAN LAND 
(CEILING AND REGULATION) REPEAL ACT 1999 WITH REFERENCE TO 
SCHEDULE PROPERTY IN FAVOR OF THE PETITIONER AND ETC. 
 
 
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' 
GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Digitally signed by B
K
MAHENDRAKUMAR
Location: HIGH
COURT OF
KARNATAKA

 
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NC: 2024:KHC:9589
WP No. 23934 of 2022
 
 
ORDER 
 
 
Petitioner's father was the owner of the land in Sy.No.1/7 
measuring 1 acre 12 guntas situated at Somashettihalli Village, 
Yeshwanthpura Hobli, Bengaluru North Taluk, Bengaluru.  During 
his life time, he had filed a declaration under Section 6 of the Urban 
Land (Ceiling and Regulation) Act, 1976 ( for short " Act, 1976").  
The then Competent Authority in exercise of the power conferred 
under Section 10(3) of the Act, 1976, declared that the father of the 
petitioner was holding excess land to an extent of 3497 Sqmt in 
Sy.No.1/7 of Somashettihalli Village, Yeshwanthpura Hobli, 
Bengaluru North Taluk, Bengaluru and vested the excess land with 
the Government. 
 
 
2. 
The Urban Land (Ceiling and Regulation) Act, 1976 
was repealed by the Urban Land (Ceiling and Regulation) Repeal 
Act, 1999 (for short "Repeal Act"). Section 3(2) of the Repeal Act 
specifies that, the land which is deemed to have been vested in the 
State Government under Section 10(3) of principal Act, but 
possession of which had not been taken over by the State 
Government or any person duly authorized by the State 
Government, such land shall be restored to the original owner 
subject to the owner refunding the amount received as 
compensation.   
 
 
3. 
In view of the specific provision contained under 
Section 3(2) of the Act, 1999, the father of the petitioner filed 
W.P.No.14040/2008 to declare  that the property bearing Sy.No.1/7 
be   restored to the father of the petitioner.  This Court vide order 

 
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NC: 2024:KHC:9589
WP No. 23934 of 2022
 
 
dated 5.02.2009  disposed of the writ petition granting liberty to the 
father of the petitioner to redress his grievance before the 
concerned officer.  The petitioner's father during his life time 
submitted a representation with the Tahasildar, Bengaluru for 
deleting the name of the Government in the record of rights 
pertaining to the subject land.  Pending consideration of the said 
representation, the father of the petitioner died and therefore, this 
writ petition. 
 
 
4. 
Learned counsel for the petitioner submits that, the 
mahazar filed along with the memo by the State Government 
indicated that the possession of the subject land has not been 
taken as stated under Section 10(6) of the ULC Act, 1976, and the 
mahazar states that the land is acquired for formation of Shivarama 
Karant Layout by the Bangalore Development Authority by issuing 
a final notification, under Section 19 of the BDA Act. Therefore, the 
lawful possession of the subject land having not bee

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