Writ appeal against dismissal of a challenge to land acquisition proceedings. The appellant had earlier challenged the same acquisition in a writ petition dismissed in 1998; an identical petition was also dismissed. The Division Bench found no ground for interference and dismissed the appeal.
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.
NC: 2024:KHC:20383-DB WA No. 1197 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JUNE, 2024
PRESENT
THE HON'BLE MR JUSTICE V KAMESWAR RAO
AND
THE HON'BLE MR JUSTICE C M JOSHI WRIT APPEAL NO. 1197 OF 2022 (LA-RES)
BETWEEN:
SRI MANJUNATH GUPTA, S/O. M CHINNA NARASIMHA SHETTY, AGED ABOUT 70 YEARS, R/AT. NO. 1343, SUBRAMANYANAGAR EXTN, SBM ROAD, TURUVEKERE-572 227.
…APPELLANT
(BY SRI S.N BHAT, ADVOCATE)
AND:
Digitally signed by NANDINI R Location: High Court of Karnataka
NC: 2024:KHC:20383-DB WA No. 1197 of 2022
TURUVEKERE-572 227. …RESPONDENTS
(BY SRI BHOJEGOWDA T KOLLER, AGA)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE WRIT APPEAL AND TO SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WP No-7765/2019 DATED 12.09.2022. 2) TO ALLOW THE WP No-7765/2019 AS PRAYED FOR AND FOR SUCH OTHER ORDER/ ORDERS IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, V KAMESWAR RAO J., DELIVERED THE FOLLOWING:
JUDGMENT
I.A.No.1/2022 filed for condonation of delay of 43
days in filling the appeal is allowed.
Challenge in this appeal is to an order dated 12.09.2022 passed by the learned Single Judge in W.P.No.7765/2019 (LA-RES), whereby, the learned Single Judge has dismissed the writ petition filed by the appellant by stating in paragraph No.5 as under:
"5. In view of the arguments advanced by the learned counsel appearing for the parties, a careful consideration of writ papers would indicate that the
petitioners herein have challenged the acquisition proceedings in writ petition No.22123 of 1998 and the writ petition came to be dismissed by order dated 22nd September, 1998. Further, this Court, in identical matter, made in writ petition No.33894 of 2016 decided on 22nd August, 2022, dismissed the petition on the ground of delay and latches and also to the effect that the respondent authorities have already taken possession of the land in question and constructed Tank for storage of water for agricultural purpose. In that view of the matter, I am of the opinion that the petition deserves to be dismissed, accordingly, dismissed."
appellant by fairly conceding that the petitioner had earlier challenged the acquisition proceedings in W.P.No.22123/1998, which has been dismissed would submit that the property is in the appellant's possession and the stand of the respondents that a tank for storage of water for agricultural purpose has been constructed is factually incorrect.
aforesaid writ petition which came to be dismissed and also the fact, as noted by the learned Single Judge that an identical matter in W.P.No.33894/2016 was dismissed on 22.08.2022, on the ground of delay and latches, we are of
the view that the impugned order do not require any interference, the present appeal is dismissed.
Sd/JUDGE
Sd/JUDGE
NR/-
List No.: 1 Sl No.: 31
1 issue framed by the court
Whether the writ appeal challenging dismissal of a petition against land acquisition proceedings warranted interference given an earlier dismissed challenge to the same acquisition.
1 provisions across 1 enactments
Sri Manjunath Gupta
The Under Secretary, State of Karnataka, Department of Revenue
Deputy Commissioner, Tumkur District
The Assistant Commissioner and Sub Divisional Magistrate, Tiptur, Tumkur District
The Tahasildar, Turuvekere Pattana Panchayath
V KAMESWAR RAO
C M JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
