M.K.THYAGARAJA GUPTA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These appeals arise out of two different orders passed by two learned Single Judges in separate writ petitions. Since the writ petitioners in both the cases assailed the acquisition of land made for the benefit of Karnataka House Building Co-operative Society, also known as Karnataka Gruha Nirmana Sahakara Sangha (hereinafter, referred to as the "Society", for the sake of convenience), these appeals have been heard together.

(2.) Interestingly, while W.P. No. 10843/2008 was dismissed on 23/06/2010, on the ground of delay and laches, W.P. No. 9412/2007 was allowed by an order dated 22/02/2011 and the entire acquisition has been quashed. It is under these circumstances that the petitioners in W.P. No. 10843/2008 and the respondent - Society in W.P. No. 9412/2007 have assailed the respective orders of the learned Single Judges.

(3.) The petitioners in W.P. No. 9412/2007 were 16 in number but the Society entered into a compromise with certain petitioners and therefore, only Petitioner Nos. 2, 10, 13 and 16 continued to prosecute the writ petition. The 2nd petitioner claims interest in 27 Guntas of land in Sy. No. 107; 10th petitioner, since deceased by his L.Rs, claim interest in 1 Acre 32 Guntas in Sy. No. 108/1; 13th petitioner in respect of 30 Guntas of land in Sy. No. 115 and 16th petitioner with regard to an extent of 38 Acres in Sy. No. 100. All these lands are situated in Nelakadaranahalli village, Yeshwanthpur Hobli, Bangalore North Taluk, Bangalore.