IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S. DINESH KUMAR WRIT APPEAL NO.780 OF 2019 (LA-HS) & WRIT APPEAL NO. 980 OF 2019 BETWEEN:
SRI RAMESH S/O LATE NANJEGOWDA AGED 57 YEARS, R/A K.R. PET, MANDYA DISTRICT-571426 (BY SRI SATHISH, ADVOCATE FOR SRI K.V. NARASIMHAN, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY SECRETARY HOUSING AND URBAN DEVELOPMENT M.S. BUILDING BANGALORE-560001 2. THE DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA-571401 ... APPELLANT 3. ASSISTANT COMMISSIONER PANDAVAPURA SUB DIVISION PANDAVAPURA MANDYA DISTRICT-571435 4. THE TOWN MUNICIPAL COUNCIL KRISHNAREJA PETE @ TALUK MANDYA DISTRICT-571426 BY ITS CHIEF OFFICER ... RESPONDENTS (BY SRI T.L. KIRAN KUMAR, AGA FOR R1 TO R3 SRI G.M. ANANDA, ADVOCATE FOR R4) ---
THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE HIGH COURT ACT, PRAYING TO PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE IMPUGNED ORDER DATED 21/01/2019 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.37712/2016 AND W.P. NO.51020/2016 AND ETC.
THESE APPEALS COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S. DINESH KUMAR J., DELIVERED THE FOLLOWING:
JUDGMENT Appellant has filed instant writ petitions challenging the preliminary notification dated 24.07.1976, whereunder the State Government sought to acquire 30 guntas of land belonging to the writ petitioner’s father. Thereafter, final notification and award have been passed on 28.06.1979 and 18.05.1982. The compensation amount has been deposited before the jurisdictional court on 07.11.1989. Petitioner presented instant writ petition in the year 2016 challenging the said notifications. The Hon’ble Single Judge has dismissed the writ petitions on the ground of delay. Hence, these writ appeals.
2. Shri Sathish, learned advocate for the appellant submits that the land in question has not been utilized by the respondents and therefore, the acquisition is bad in law.
3. Shri G.M. Ananda, learned advocate for the Town Municipal Council submits that the amount deposited has been received by the petitioner’s father and the Town Municipal Council has formed house sites, identified the beneficiaries and the matter is pending before the Government for approval.
4. Shri T.L. Kiran Kumar, learned AGA also argues in support of the impugned order.
5. We have carefully considered the rival contentions and perused the records.
6. Facts recorded hereinabove, show that the writ petitions are presented after a lapse of nearly 40 years by the legal heirs of the original owner who had already received the compensation. In the circumstances, we are at one with the view taken by the Hon’ble Single Judge.
7. Resultantly, these appeals fail and they are accordingly dismissed.
No costs.
In view of dismissal of the appeals, I.A.No.3/2019 and I.A.No.4/2019 do not survive for consideration and they are also dismissed.
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ACTING CHIEF JUSTICE Sd/- JUDGE ca