Karnataka High Court
Sri S Ramesh vs The State Of Karnataka on 3 January, 2023
Bench: Alok Aradhe, S Vishwajith Shetty
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WA No. 870 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JANUARY, 2023
PRESENT
THE HON'BLE MR JUSTICE ALOK ARADHE
AND
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
WRIT APPEAL NO. 870 OF 2021 (LA-RES)
BETWEEN:
SRI S. RAMESH
S/O LATE B SHANKARA RAO
AGED ABOUT 51 YEARS
SHIVASHAKTHI MESS
B.H. ROAD ARISHANAKUNTE
NELAMANGALA TALUK
BANGALORE RURAL
DISTRICT - 562 123.
...APPELLANT
(BY SRI V. SIDDESH, ADV., FOR
SRI NAGARAJA S, ADV.)
AND:
Digitally 1. THE STATE OF KARNATAKA
signed by B A
KRISHNA
KUMAR DEPARTMENT OF REVENUE
Location: High
Court of
(ACQUISITION) REPRESENTED
Karnataka BY ITS SECRETARY
VIKASA SOUDHA
BANGALORE - 560 001.
2. THE NATIONAL HIGHWAY
AUTHORITY OF INDIA
NATIONAL HIGHWAY
K.R. CIRCLE
BANGALORE - 560 001.
3. THE SPECIAL LAND
ACQUISITION OFFICER
NATIONAL HIGHWAY AUTHORITY
OF INDIA, K.R. CIRCLE
BANGALORE - 560 001.
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WA No. 870 of 2021
4. THE COMMISSIONER FOR
COMMERCIAL TAXES
THE STATE OF KARNATAKA
GANDHI NAGAR
BANGALORE - 560 001.
5. THE KARNATAKA STATE ROAD
TRANSPORT CORPORATION
REP. BY ITS MANAGING DIRECTOR
K.H.ROAD, WILSON GARDEN
BANGALORE - 560 027.
...RESPONDENTS
(BY SRI B. RAJENDRA PRASAD, HCGP)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE
WRIT PETITION NO.14512/2014 (LA-RES) DATED 15.10.2020 AS
PER ANNEXURE-Q PASSED BY THE LEARNED SINGLE JUDGE AND
QUASH THE PRELIMINARY NOTIFICATION DATED 21.11.1989 IN
LAW/SR/61/1988-89 AND FINAL NOTIFICATION DATED 28.07.1990
IN LAQ.BLR.01/1988-89, AS PER ANNEXURE-A AND C
RESPECTIVELY.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS
DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
This intra court appeal has been filed against an order
dated 15.10.2020 passed by the learned Single Judge, by which
writ petition preferred by the appellant has been dismissed.
WA No. 870 of 2021
2. Facts giving rise to filing of this appeal briefly stated
are that, the appellant filed a writ petition in which declaration
was sought that acquisition proceedings initiated by the
respondent in pursuance of preliminary notification dated
21.11.1989 issued under Section 4(1) of the Karnataka Land
Acquisition Act, 1894 (hereinafter referred to as the "Act of
1984" for short) and final notification dated 28.07.1990 issued
under Section 6(1) of the Act of 1894 have lapsed. The
aforesaid writ petition has been dismissed by the learned Single
Judge inter alia on the ground that the appellant has purchased
the land in question on 18.04.1991 i.e., after issuance of
notification under Section 4(1) and 6(1) of the Act of 1894. It
has further been held that the appellant having been
subsequent purchaser has no locus to question the land
acquisition proceedings.
3. We have heard the learned counsel for the
appellant at length.
4. Learned Single Judge has relied on several
judgments referred to in paragraph No.2 of the order and has
rightly held that subsequent purchaser of the property who has
WA No. 870 of 2021
purchased the same subsequent to issuance of preliminary as
well as final notification cannot question the proceedings under
the Land Acquisition Act, 1894. The impugned order does not
suffers from any infirmity warranting interference of this Court
in this intra court appeal. In the result, the appeal fails and is
dismissed.
In view of dismissal of the appeal pending interlocutory
applications if any, are disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
NMS
