Dismissed

Smt. Ranganayaki v. Karnataka Co-Operative Milk Producers Federation

Karnataka HC19 Jan 2024WP/13342/2015

Case brief

AI extract

What is this about?

Petitioners challenged 1978 notifications acquiring their land, seeking declaration that acquisition lapsed. Possession was taken and award passed after final notification. The High Court found no explanation for the inordinate delay in filing the writ petition in 2015 and dismissed it on the ground of delay and laches.

What the court decided

AI extract

Smt. Ranganayaki Vs Karnataka Co-Operative Milk Producers… — Land Acquisition | Karnataka HC (2024)

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NC: 2024:KHC:2777 WP No. 13342 of 2015

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO.13342 OF 2015 (LA-RES)

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BETWEEN:

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1(a) SMT. RANGANAYAKI W/O. LATE K. RAMANUJAM, AGED ABOUT 71 YEARS,

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1(b) MS. SANGEETHA RAMANUJAN D/O. LATE K. RAMANUJAM, AGED ABOUT 33 YEARS, REPRESENTED BY HER G.P.A. HOLDER SMT. RANGANAYAK I.,

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1(c) MS. LAKSHMI RAMANUJAM D/O. LATE K. RAMANUJAM, AGED ABOUT 34 YEARS,

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Digitally signed by V MANJUSHA BAI Location: High Court of Karnataka

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ALL ARE RESIDING AT NO.4, JYOTHSNA APARTMENT, NO.454/12, 3RD CROSS, WILSON GARDEN, BANGALORE-560 027.

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(AMENDED VIDE COURT ORDER DATED 15.03.2018.)

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…PETITIONERS

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[BY SRI B.E. SHREEDHAR, ADVOCATE (ABSENT)]

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AND:

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KARNATAKA CO-OPERATIVE MILK PRODUCERS FEDERATION,

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NC: 2024:KHC:2777 WP No. 13342 of 2015

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REPRESENTED BY ITS MANAGING DIRECTOR, DR. M.H. MADIGOUDA ROAD, BANGALORE-560 029.

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STATE OF KARNATAKA DEPARTMENT OF REVENUE, REPRESENTED BY ITS SECRETARY, VIKASA SOUDHA, BANGALORE-560 001.

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THE DEPUTY COMMISSIONER BANGALORE DISTRICT (NOW URBAN DISTRICT), K.G. ROAD, BANGALORE-560 009.

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…RESPONDENTS

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(BY SRI SHANMUKHAPPA, ADVOCATE FOR R.1; SRI YOGESH D. NAIK, AGA FOR R.2 AND R.3.)

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THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT ACQUISITION PURSUANT TO THE IMPUGNED NOTIFICATION NO.LAQ(1) SR/1977-78 DATED 15.01.1978 AS PER ANNEXURE-A AS WELL AS 09.03.1978 AS PER ANNEXURE-B NO.RD 63 AQ3 78 HAS LAPSED AS FAR AS THE LAND BELONGING TO THIS PETITIONER (PETITION SCHEDULE PROPERTY) IN VIEW OF THE LAW DECLARED BY THIS COURT IN W.P. NO.19526/2002 DATED 22.11.2010 IN ANNEXURE-C IN THE INTEREST OF JUSTICE AND EQUITY, ETC.

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THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING:

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3 - NC: 2024:KHC:2777 WP No. 13342 of 2015

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ORDER

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The writ petition is filed challenging the notifications

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dated 15.01.1978 and 09.03.1978 acquiring the suit schedule property.

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Learned counsel for the petitioners is absent.

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Learned AGA appearing for respondent nos.2 and 3, upon instructions, submits that after passing of the final notification, possession of the land has been taken over and an award has been passed.

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The writ petition is filed in the year 2015. There is no reason given in the writ petition explaining the inordinate delay in challenging the said notifications.

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For the aforementioned reason, the writ petition is dismissed on the ground of delay and laches.

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hkh.

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Sd/JUDGE

Smt. Ranganayaki v. Karnataka Co-Operative Milk Producers Federation

Case brief

What is this about?

What the court decided

Smt. Ranganayaki v. Karnataka Co-Operative Milk Producers Federation

Case brief

What is this about?

What the court decided

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