RAYAJI HOS PITAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned AGA for respondents No.1 and 2. I have also heard learned counsel for respondent No.3-Hubballi-Dharwad Municipal Corporation, respondent No.4-Hubballi-Dharwad Urban Development Authority and respondents No.5 and 6 and perused the material on record.

(2.) Learned counsel for the petitioner in addition to reiterating the various contentions urged in the petition and referring to the documents produced by the petitioner submits that the respondents are illegally and highhandedly attempting to dispossess the petitioner from the subject land without either initiating acquisition proceedings or following due process of law. It is therefore submitted that the aforesaid impugned illegal and highhanded action by the respondents is vitiated and the same deserves to be set aside.

(3.) Per contra, learned AGA for respondents No.1 and 2 submits that apart from the fact that the petitioner is not the owner of the entire extent of subject land, the petitioner has also violated the terms and conditions of the conversion order and as such, there is no merit in the petition and the same deserves to be dismissed. Secondly, it is contended that in view of various disputed questions of fact that arise for consideration in the present petition, the petitioner is not entitled to any relief.