BASAVARAJ, S/O SHIVAYOGAPPA HOSAMATH, GULBARGA Vs. SPECIAL LAND ACQUISITION OFFICE, OFFICE OF LAND ACQUISITION OFFICER, GULBARGA, STATE OF KARNATAKA, REPRESENTED BY ITS PRL. SECRETARY, TO DEPARTMENT OF REVENUE, M.S.BUILDING, BANGALORE AND SRI. C

JUDGEMENT

(1.) THOUGH this petition is posted for orders on the Misc. Ws., the matter is taken up for final disposal with the consent of the learned counsel for the parties, and after allowing both the Misc. Ws, as follows. Misc. W. 10561/2010 and Misc. W. 10562/2010 are respectively filed by the learned counsel for petitioner for condoning the delay in filing the recalling application and to recall the order dated 6th June 2008, in the interest of justice and equity.

(2.) AFTER going through the affidavits accompanying both the applications, the delay has been satisfactorily explained and the same is accepted and the reasons for recalling the order are also explained satisfactorily and hence they are accepted. Accordingly, for the reasons stated in the affidavits accompanying the applications, both the Misc. Ws. are allowed. Delay in filing the recalling application is condoned. Order dated 6th June 2008 is recalled and the matter is taken up for consideration, on merits.

(3.) THE only grievance of the petitioner in this petition is that petitioner claims that he is the owner of Survey No. 173/2, measuring 15 acres, 09 guntas situate at Srinivas Saradgi -village and Taluk, District Gulbarga. Be that as it may, the second respondent initiated the acquisition proceedings, for acquisition of (he land in question along with other lands for formation of Kajikotanur water Tank vide preliminary Notification dated 9th September 1990, issued under Section 4(1) of the Land Acquisition Act, which was published in the Karnataka Gazette dated 8th November, 1990 followed by final declaration dated 20th December 1991 published in the Karnataka Gazettee dated 23rd January 1992. The lands in question, viz. Sy. No. 173/1 and 173/2 are notified at SI. Nos. 5 and 8 in the preliminary Notification and SI. No. 4 in the final declaration vide Annexures C and D respectively. The Land Acquisition Officer, after issuing statutory notices under Sections 9 and 10 of the Land Acquisition Act, 1894, (hereinafter referred to as "the Act"), has passed the award dated 27th October 1992 vide Annexure E and issued the award notice dated 23rd December 1992, under Section 12 (2) of the Act, vide Annexure F. While issuing the said award notice, the said authority has mentioned the name of the notified Khatedar in respect of Sy. Nos. 173/1 and 173/2 as Basamma, W/o. Gurappa, (Chandrashekar, S/o. Basavantayya) and Shivayogayya S/o. Veeriah, who is none other than the father of the petitioner.