NARAYANA GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is from the order of Dod- dakalegowda, J., dismissing W.P. No. 25459 of 1981. The petitioners therein have presented this appeal. For the sake of convenience, the parties will hereinafter be referred to according to their positions in the writ petition.

(2.) The material facts are briefly these: The Deputy Commissioner, Mysore District (hereinafter referred to as 'the Deputy Commissioner') by notification dated 19-10-1975 (produced as Annexure-C in the writ petition) issued under sub-section (1) of S. 3 of the Karnataka Acquisition of Land for Grant of House Sites Act, 1972 (hereinafter referred to as 'the Act') published in the Karnataka Gazette 11-2-1978, gave notice of his intention to acquire 5 acres 16 guntas of dry land in Survey No. 881 of Hebbalu Village in Mysore Taluk for the purpose of providing house-sites to weaker sections of the people who are houseless. The Khatedar Anubhavadar of that land, as mentioned in that notification, was 'Thimmaiah bin Dappathale Cheluvegowda Govindegowda'. The Assistant Commissioner, Mysore Sub-Division (hereinafter referred to as 'the Assistant Commissioner'), who was exercising the powers of the State Government under sub-sec. (2) of S. 3 of the Act, got served the notice of that notification only on Govindegowda since his father, Thimmaiah, whose name was also shown as Anubhavadar Khatedar in that notification had died even before it came into existence. Even Govindegowda (respondent-3) did not raise any objection to the acquisition proposed in the Deputy Commissioner's notification. Thereafter, the notification dated 23-9-1979 declaring that the land notified under'sub-sec. (1) of S. 3 of the Act was required for the purpose specified therein, was issued by the Deputy Commissioner and got published in the Karnataka Gazette dated 2-11-1979 Subsequently, steps were taken by the Block Development Officer, Mysore (respondent-4 in the Writ Petition) to form a lay-out of sites on the acquired land.

(3.) Petitioners 1 to 4 and petitioner-5 who are the sons and the widow respectively of deceased Thimmaiah, the original khatedar and Anubhavadar of the acquired land, presented the writ petition impugning the said acquisition proceedings. The learned single Judge, who heard that writ petition, dismissed it. Feeling aggrieved therefrom, the petitioners have presented this appeal, as already stated.