RISHAB MUTHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In these writ petitions the petitioners have prayed for a writ in the nature of certiorari to quash the preliminary notification dated 08.04.2003 as per Annexure D and the final notification dated 09.09.2003 as per Annexure E.

(2.) Petitioners contend that they are the allottees of sites under the scheme called Allotment of House Sites to the Families of Landless Workers in "Rural Areas" pursuant to the Government direction dated 13.05.1972 as per Annexure A. According to the petitioners the sites allotted to them are in survey Nos. 38 and 39 of the Giddadakonenahalli, Yeshwanthapur hobli, Bangalore North taluk. According to the petitioners, they are in possession and enjoyment of these sites and some of them have put up constructions and they are residing with their families. When the matter stood at that stage, the respondents issued a preliminary notification as per Annexure D and final notification as per Annexure E acquiring the entire land in survey Nos. 38 and 39. Some other site owners in these survey numbers questioned these preliminary and final notifications before this Court in W.P. Nos. 17026-17033/2008. Learned Single Judge of this Court vide order dated 17.08.2009 dismissed the writ petitions. Aggrieved by this order of the learned Single Judge the petitioners in the said writ petitions filed an appeal in W.A. No. 997/2008 and connected matters before a Division Bench of this Court. Vide order dated 17.10.2008 the writ appeals came to be allowed holding that the respondents have no right to initiate acquisition proceedings and in turn allot the same in favour of educational institutions. The judgment of Division Bench of this Court came to be affirmed by the Supreme Court in S.L.P. No. 7408/2009 vide order dated 20.04.2009.

(3.) These writ petitions are in respect of different sites in the very same survey numbers and the notifications involved in W.A No. 997/2008 and connected matters.