LAWS(KAR)-2023-9-62

VEERABHADRESHWARA INDUSTRIAL TRAINING COLLEGE Vs. L . VIVEKANANDA

Decided On September 20, 2023
VEERABHADRESHWARA INDUSTRIAL TRAINING COLLEGE Appellant
V/S
L . Vivekananda Respondents

JUDGEMENT

(1.) The appellant not being a party eo nomine to the writ petition has filed this intra court appeal for laying a challenge to a learned Single Judge's order dtd. 7/12/2022 whereby the said writ petition having been favoured, the acquisition proceedings concerning the land admeasuring 2 Acres & 9 Guntas in Sy.No.75/2 of Allanahalli village have been quashed. Learned Single Judge has granted this relief to the writ petitioner who happens to be the first respondent herein, in the light of a Co-ordinate Bench decision in W.P.No.1242/2019 between Smt. Chinnamma vs. State disposed off on 1/8/2022.

(2.) Appellant has moved an application seeking leave of the court for prosecuting this appeal on the ground that he was not aware of the writ proceedings and the order made therein. Another application is also moved for the condonation of delay in preferring the writ appeal on the same ground. Both the applications are supported by independent affidavits.

(3.) Having heard the learned counsel for the appellant and learned Additional Government Advocate appearing for the 2nd respondent, we decline indulgence in the matter inasmuch as it is open to the appellant to file another writ petition seeking review of the order put in challenge before us in the light of the decision of Apex Court in SHIVDEO SINGH vs. STATE OF PUNJAB, AIR 1963 SC 1909 wherein paragraph 8 reads as under: