LAWS(KAR)-2023-1-590

SEETHARAM Vs. STATE OF KARNATAKA

Decided On January 11, 2023
SEETHARAM Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) This intra court appeal has been filed against an order dtd. 25/2/2014 passed by the learned Single Judge in 9942-9949/2014, 16858/2004 and W.P.No.22445/2004 by which, the writ petitions preferred by the appellants seeking quashment of preliminary notification dtd. 23/8/1988 and a notification dtd. 25/9/1989 issued under Sec. 4(1) and 6(1) of the Land Acquisition Act, 1894 have been dismissed.

(2.) It is not in dispute that by a common order dtd. 25/2/2014, W.P.No.16858/2004 and W.P.No.9942-9949/2014 and W.P.No.22445/2004 were decided by the learned Single Judge.

(3.) Learned Senior Counsel for the appellants fairly submits that the aforesaid common order passed in W.P.No.16858/2004 was challenged in W.A.No.978/2014 which was dismissed on 15/12/2022 by a Division Bench of this Court. It is also contended that the appellants in W.A.No.978/2014 have filed Special Leave Petition before the Hon'ble Supreme Court. It is also urged that the writ petitions preferred by the appellants cannot be held to be barred by res judicata, as has been held by the Division Bench of this Court in W.A.No.978/2014, as the appellants had not previously filed a writ petition.