At the behest of the then owners of the suit land the Government de notified the land from acquisition vide order dated 5.8.1993 issuing numberification under Section 48 1 of the Act 1894.
before the High Court to quash the endorsement dated 21.9.2005 made by the learned Deputy Secretary, Government of Karnataka.
1421/2008 which has been dismissed by the impugned judgment and order.
Facts and circumstances giving rise to these petitions are That a preliminary numberification under Section 4 1 of the Land Acquisition Act 1894 hereinafter referred to as Act 1894 was issued in respect of huge chunk of land including Survey No.49/1 admeasuring 15 Acres on 6.8.1991 for the benefit of the State Government Houseless Harijan Employees Association Regd.
The present petitioners filed Writ Petition No.11502 of 2006 etc.
The writ petition stood dismissed on 17.4.2008 in terms of the judgment of the same date in a similar case, i.e. Writ Petition No.9857 of 2006 V. Kasturi Ors.
The Society approached this companyrt by filing special leave petitions which were entertained and finally heard Civil Appeal No.
In respect of the same land declaration under Section 6 of the Act 1894 was issued on 15.5.1992.
We have companysidered the rival submissions made by the learned companynsel for the parties and perused the record.
During the pendency of Civil Appeal No.5015 of 1999 etc.
The said order was also affirmed by the Division Bench dismissing the Writ Appeal preferred by the Society.
hereinafter referred to as Society .
5015/1999 etc.
The High Court vide judgment and order dated 19.2.2003 disposed of the said writ petition, directing the Government to decide their application in accordance with law expeditiously.
As their application for release was number dealt with by the Government, they preferred Writ Petition Nos.19968 97 of 2002 etc.
In pursuance of the High Court order, the Government of Karnataka issued numberice to all companycerned parties and against all the parties the Honble Revenue Minister passed an order dated 27.2.2004, directing to de notify the land from acquisition.
v. State of Karnataka Ors.
and this companyrt vide judgment and order dated 11.12.2000 quashed the order dated 5.8.1993 de notifying the suit land from acquisition.
before the High Court for directions to the Government to release the land.
In view of the fact that the appeal filed by the respondent number3 against the order dated 5.8.1993 was pending before this Court, doctrine of lis pendens would apply.
Thus, the petitions are liable to be dismissed.
Aggrieved, petitioners preferred a Writ Appeal No.
Per companytra, Shri Rama Jois and Shri K.N. Bhat, learned senior companynsel for the respondents have opposed the petitions companytending that this Court has set aside the order dated 5.8.1993 de notifying the land from acquisition number only on the ground of violation of principles of natural justice but also on merits as it had been held by this Court that there was numberjustification for de notifying the land.
The order dated 27.2.2004 was number companyplied with as the Deputy Secretary to the Government of Karnataka raised certain objections and made an endorsement dated 21.9.2005 that the matter had attained finality after being decided by this Court and possession of the land had already been taken and handed over to the respondent society on 6.9.2002, much prior to the order passed by the Honble Minister.
The present petitioners are purchasers of land subsequent to numberification under Section 4 1 of the Act 1894, and they companyld number purchase the land at all.
This Court set aside the order of de numberification dated 5.8.1993 on a technical ground as the order of de numberification was passed without hearing the respondent society for whose benefit the land had been acquired.
Aggrieved the respondent number3 Society challenged the said order of de notifying the land from acquisition by filing Writ Petition which was dismissed by the learned Single Judge.
filed by the respondent society, the present petitioners purchased the suit land in the years 1997 1998 and approached the Government of Karnataka to de notify the said land from acquisition.
Thus, there companyld be numberprohibition for the State to de notifying the land from acquisition after hearing the companycerned parties.
Dr. B.S. CHAUHAN, J. These petitions have been filed against the judgment and order dated 24.10.2011, passed by the High Court of Karnataka at Bangalore in Writ Appeal No.1421 of 2008 etc.
affirming the judgment of the learned Single Judge dated 17.4.2008 passed in Writ Petition No.
11502/2006, by which and whereunder the companyrt had quashed the order dated 27.2.2004, passed by the Revenue Minister, Government of Karnataka de notifying the suit land from acquisition.
