MOHAMMED SAB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) in this petition under Articles 226 and 227 of the Constitution of India, the petitioners have sought for quashing the notification No. Laq.hs. Cr. 23/1980-81, dated 29-12-1980/26-3-1981 published in the Karnataka gazette on 9th april, 1981 issued under sub-section (1) of Section 3 of the Karnataka acquisition of lands for grant of house sites Act, 1972 (hereinafter referred to as the 'act')- prior to the publication of the notification under sub-section (4) of Section 3 of the Act, a notification bearing No. Laq. Hs. Cr.35/1979-80, dated 27-12-1980 under sub-section (1) of Section 3 of the act was also published in the Karnataka gazette on 17-1-1980. Under the impugned notifications, 3 lands bearing survey Nos. 210/a, 169/1 and 169/2 of bhalki in bidar district are proposed to be acquired. The petitioners have also sought for a declaration that Section 3 of the Karnataka acquisition of lands for grant of house sites Act, 1972 is unconstitutional.

(2.) it is relevant to note that prior to the filing of this writ petition, petitioner No. 3 had filed w. P. No. 11157/1984 challenging the award passed pursuant to the acquisition in question. That writ petition was dismissed on 17-8-1984. Thereafter, he filed w. A. No. 2271/1984 which was also dismissed on 5-12-1984. Afterwards, on 6-2-1985, the present writ petilion has been filed by the petitioners. Petitioners 1 and 2 are the brothers of petitioner No. 3. The award was passed in november, 1983.

(3.) in the light of the contentions urged on both sides, the following points arise for consideration: