KN ASWATHNARAYANA SETTY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) 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 court had quashed the order dated 27.2.2004, passed by the Revenue Minister, Government of Karnataka de-notifying the suit land from acquisition.

(2.) Facts and circumstances giving rise to these petitions are:

(3.) Shri Kailash Vasdev, learned senior counsel appearing for the petitioners submitted that the courts below have committed an error in dismissing the case of the petitioners as the courts failed to appreciate the legal issues. This Court set aside the order of de- notification dated 5.8.1993 on a technical ground as the order of de- notification was passed without hearing the respondent-society for whose benefit the land had been acquired. Thus, there could be no prohibition for the State to de-notifying the land from acquisition after hearing the concerned parties. More so, the Hon'ble Minister had competence to deal with the acquisition proceedings and thus the finding recorded by the High Court about his competence is perverse. More so, as there was no interim order of this court in Society's appeal, petitioners could purchase the land. Hence, these petitions should be accepted.