Mohammed Iqbal v. the State of Karnataka
Case brief
What is this about?
The Court dismissed the writ petition for non-prosecution as the respondent failed to comply with a two-week adjournment granted on 05.03.2020 to file office objections.
The Court dismissed the writ petition for non-prosecution as the respondent failed to comply with a two-week adjournment granted on 05.03.2020 to file office objections.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF FEBRUARY 2021
BEFORE
THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV
WRIT PETITION NO.8675/2018 (LA – BDA)
BETWEEN:
Mohammed Iqbal, S/o Mohammed Ameer Jan, Aged about 49 years R/at No Site No.6/C, Sy No.174 & 175, Khatha No.793, 5th Main, Yaseen Nagar, Kacharakanahalli Village, Bangalore North Taluk, Bangalore – 560 043. ... Petitioner
(By Sri.Rama Moorthy B.V., Advocate (Absent))
AND:
2
Kumara Park East, Bangalore – 560 001.
…Respondents
(By Sri.Y.D.Harsha, AGA)
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying declare that the acquisition proceedings initiated by the respondent no.2, preliminary notification dated 27.06.1978 which was published in Karnataka Gazette Notification dated 20.07.1978. A copy of the preliminary notification is here with produced at Annexure - L. which was followed by way of issue of final notification dated 09.01.1985 published in Karnataka Gazette by respondent no.1, dated 14.03.1985 as per Annexure-M have respectively have lapsed in respect of property in question/schedule property, as provided under Section 24(2) of the right of fair compensation and transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act No.30 of 2013), and consequently Annexure-L and M have become inoperative, in so far-property bearing Site No.6/C, formed in a portion Assessment No.174 and 175, Khata No.793, situated at 5th main, Yaseen Nagar in Sy.No.174 and 175 of Kacharakanahalli, Bangalore North Taluk, Bangalore presently comes within the purview of Bruhat Bangalore Mahanagara Palike, Ward No.24, HBR layout, Bangalore, measuring 40 x 30 feet and etc.,
This Writ Petition coming on for Orders , this day, the Court made the following:
3
ORDER
This Court by order dated 05.03.2020 had granted
two weeks time to comply with the office objections, failing which petition would stand dismissed.
complied with, petition is dismissed for non-prosecution.
Sd/JUDGE
NS
2 provisions across 2 enactments
Mohammed Iqbal
State of Karnataka
Bangalore Development Authority
Special Land Acquisition Officer
S. Sunil Dutt Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court