S P SUBRAMANYA SHETTY Vs. DEPUTY COMMISSIONER MERCARA

JUDGEMENT

(1.) The short facts leading to the Writ Petition arc as fallows: The petitioners constitute a Hindu Joint Family. They own inter alia properties in Sy, Nos. 93/1 and 93/2 of Kushalnagar Town, Kodagu District and therefore, all of them have joined together and filed this Writ Petition. These two Survey Numbers measure 4 and 7 cents respectively.

(2.) By a Notification made inNo.LAO.AC. 9/81-82, dated July 6th, 1981 issued by the Depuiy Commissioner under Secti >n 4(1) of the Land Acquisition Act, 189-3 as amended by Karnataka Act 17 of 1961, it was proposed to acquire these lands for a public purpose, namely, for formation of Karnataka State Road Transport Corporation bus-stand at Kushalnagar.

(3.) In and by that Notification, objectionswere invited to be preferred on or before 30th October, 198J. The Deputy Commissioner authorised the Assistant Commissioner, Mercara Sub-Division, to perform his functions. The Notice under Section 5- A(2) was served on 21-9-1981 on the first petitioner. Similar Notices were served on the other petitioners as well. The petitioners filed their objections on 30-10-1981.