BALAGOUDA NIJAGOUDA PATIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal by the unsuccessful petitioners in W. P. No. 5521/ 1975 is directed against the order dated 18-11-1975 of the learned single Judge rejecting the writ petition at the preliminary hearing stage.

(2.) Appellants claim to be owners of Sy. Nos. 400/4, 400/5, 398/lD+2A and 398/lA measuring 39 guntas 1 acre, 2! guntas, 6 acres, 6 guntas and 12 guntas respectively of Sankeswar village in Belgaum District. These lands, amongst others, were proposed to be acquired for purposes of locating the "Sugarcane Research Centre." pursuant to the Preliminary Notification dated 5-11-1972 published under Section 4(1) of the Land Acquisition Act (for short the 'Act'). Appellants did not file any objections under Section 5A of the Act. However, when notices under Section 9 were sought to be served on them, appellants approached this Court challenging the proceedings of acquisition on grounds, inter alia, that no public notice of the substance of the notification was given and that a copy of the notification was not also served on the appellants. It is relevant, to State that the preliminary notification refers to and concerns lands other than those in which the appellants are interested and the challenge to the proceedings is to the extent they relate to the lands of the appellants.

(3.) Learned single Judge, by his order dated 18-11-1975, was of the view that the records of the proceedings of acquisition disclosed that while the 'Sanadi' tried to serve a notice on the appellants, they refused and declined to receive the notice and that thereafter the 'Sanadi' affixed, a copy of the notice on the door of appellants' house. Learned single Judge also took note 'of the circumstance that earlier proceedings for acquisition of the same lands for the same purpose had been challenged by the appellants themselves. In view of these circumstances. the learned single Judge took the view that the grievance of the appellants was neither bona fide nor justified and, accordingly, rejected the writ petition.