Ms. Jayashree Maroli vs The Commissioner
2022 Latest Caselaw 11903 Kant

                             1



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 16TH DAY OF SEPTEMBER 2022

                        PRESENT

            THE HON'BLE MR. ALOK ARADHE
                ACTING CHIEF JUSTICE

                          AND

     THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY

            W.A. NO.1359 OF 2021 (LA-KHB)
                          IN
          W.P.Nos.57695-700 OF 2014 (LA-KHB)


BETWEEN:

1.    MS. JAYASHREE MAROLI
      AGED ABOUT 54 YEARS
      D/O MR. VENKANNA M
      'SAI KRIPA', MAROLI
      KULASHEKAR POST
      MANGALORE - 575 001.

2.    MR. FAISAL P.K.
      AGED ABOUT 53 YEARS
      S/O MR. MOHAMED P M K
      226/3, FERNS RESIDENCY
      K. NARAYANAPURA CROSS
      HENNUR ROAD, BANGALORE - 560 077.

3.    MR. IDINABBA
      AGED ABOUT 62 YEARS
      S/O CHANABBA
      ATHRADI VILLAGE
      UDUPI TALUK AND DISTRICT - 571 107.
                             2



4.   MR. MAHABALA A. KUNDER
     AGED ABOUT 63 YEARS
     S/O LATE APPANNA KANCHAN
     ARCHANA, KALMADY MALPE
     UDUPI 576 108.

5.   MR. SREENATH
     AGED ABOUT 37 YEARS
     S/O MR. KRISHNAN NAMBIAR
     PAYYAN VITIL HOUSE
     HULIKAL, CANNANORE DISTRICT
     KERALA - 670 705.

6.   MR. P. SUBBA ROAD
     AGED ABOUT 57 YEARS
     S/O LATE PAPANASAM
     P P C ROAD, UDUPI - 576 101.
                                            ... APPELLANTS
(BY MS/MRS. SHILPA NAIK, ADV., FOR
        DR. S. ARUMUGHAM, ADV.,)

AND:

1.     THE COMMISSIONER
       KARNATAKA HOUSING BOARD
       BANGALORE - 560 001.

2.     THE SPECIAL LAND ACQUISITION OFFICER
       KARNATAKA HOUSING BOARD
       BANGALORE - 560 001.

3.     THE STATE OF KARNATAKA
       BY ITS UNDER SECRETARY
       REVENUE DEPARTMENT
       M S BUILDING, BANGALORE - 560 001.

                                        ... RESPONDENTS

(BY MR. S.S. MAHENDRA, AGA FOR R3
    MR. MANU K, ADV., FOR C/R1 & R2)
                            3



     THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE
JUDGEMENT AND ORDER PASSED IN WP 57695-57700/2014
(LA-KHB) PASSED BY THE LEARNED SINGLE JUDGE OF THIS
HON BLE COURT AND TO ALLOW WP 57695-57700/2014 (LA-
KHB) FILED BY THE PETITIONERS AND GRANT SUCH OTHER
ORDERS.

     THIS WRIT APPEAL COMING ON FOR ORDERS, THIS
DAY,   ACTING   CHIEF  JUSTICE,  DELIVERED   THE
FOLLOWING:

                        JUDGMENT

Smt.Shilpa Naik, learned counsel for the

appellant.

Mr.Manu K., learned counsel for the respondent

Nos.1 and 2.

Mr.S.S.Mahendra, learned counsel for the

respondent No.3.

This intra Court appeal has been filed against

the order dated 08.10.2021 passed by the learned

Single Judge in W.P.No.57695/2014 and connected

matters by which the writ petition preferred by the

appellants has been dismissed.

2. This Court, by judgment dated 09.09.2022

passed in W.A.No.1369/2021 had already upheld the

validity of the acquisition proceedings.

3. For the reasons assigned in the aforesaid

judgment, we do not find any illegality or irregularity

in the order passed by the learned Single Judge.

Accordingly, the appeal fails and is hereby

dismissed.

Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE

RV