M NAGABHUSHANA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment and order dated 23rd July 2010 passed by Division Bench of the High Court of Karnataka whereby the learned Judges dismissed the W.A. No. 1192 of 2007 which was filed impugning an acquisition proceeding to the State of Karnataka. It may also be noted that while dismissing the appeal, the Division Bench affirmed the judgment of the learned Single Judge dated 28th May 2007.

(3.) From the perusal of the judgment of learned Single Judge it appears that the Appellant claims to be the owner of the land bearing Sy. No. 76/1 and Sy. No. 76/2 of Thotadaguddadahalli Village, Bangalore North Taluk. The Appellant alleged that these two plots of land were outside the purview of the Framework Agreement (FWA) and notification issued under Sections 28(1) and 28(4) of Karnataka Industrial Areas Development Act (KIAD Act). While dismissing the writ petition, the learned Single Judge held that the acquisition proceedings in question were challenged by the writ Petitioner, the Appellant herein, in a previous writ petition No. 46078/03 which was initially accepted and the acquisition proceedings were quashed. Then on appeal, the Division Bench (in writ appeal Nos. 713/04 and 2210/04) reversed the judgment of the learned Single Judge. Thereafter, the Division Bench order was upheld before this Court and this Court approved the acquisition proceedings.