SHIVARUDRAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) By consent of learned Counsel, these appeals were treated as having been posted for hearing and we heard them.

(2.) These are appeals from the common order of Bhimiah, J., dismissing Writ Petitions Nos. 5404 and 5405 of 1975. The petitioners therein have presented these appeals. For the sake of convenience, the parties will hereinafter be referred to according to their respective positions In the writ petitions.

(3.) The petitioner in Writ Petition No. 5404 of 1975, is the owner of 1 acre 3 guntas of dry land in Survey No. 5/7 of Hiriyur village; while the petitioner in Writ Petition No. 5405 of 1975, is the owner of 13 guntas of dry land in Survey No. 5/8. Those lands were proposed for acquisition by notification under Section 3(1) of the Karnataka Acquisition of Land for grant of House Sites Act, 1972 o be referred to as 'the Act', published in the Karnataka Gazette Extraordinary dated April 23, 1975. The petitioners filed their objections to the proposed acquisition before the Assistant Commissioner (respondent-2) who, after receiving the remarks of the Block Development Officer on such objections and after a local inspection of those lands, overruled the objections and sent his (the Assistant Commissioner's) report to the Deputy Commissioner for further action. Accepting that report, the Deputy Commissioner, by his order dated 10-9-1977, directed issue of the final notification under Section 3(4) of the Act.