STATE OF KARNATAKA Vs. S VENKATARAJ

JUDGEMENT

(1.) This is a revision petition preferred by the State of Karnataka and two others who are the defendants in OS.24 of 1973 on the file of the Court of the Munsiff Udipi. That is a suit by the respondent against the petitioners, wherein the validity of the acquisition off the land comprised in Survey No.415/1 of Shivalli Village, Udipi Taluk, has been challenged.

(2.) The plaintiff in the suit has prayed for : a declaration that he should not be deprived of the property, viz S.No.415/1 Shivalli village dipi Taluk, owned and possessed by him by resorting to and/ or on the basis of the notifications cited in paras 4 & 8 of this plaint and published in the Mysore Gazette on 13-9-1962 and 29-4-1965 respectively.

(3.) The acquisition proceedings were initiated by issue of a preliminary notification under S.4(l) of the Land Acquisition Act, published in the Mysore Gazette d/.13-9-1962. The final notification under S. 6 of the Act Was published on 29-4-1965. The plaintiff challenged the acquisition prosedings before this Court in WP.2023 of 1969, but the same was dismised on 4-8-1972 on the ground that it was belated. The Land Acquisition Officer made an award on 25-6-1973. Pursuant to the said award the Asst Commr of Coondapur Divn who is the third defendant in the suit, issued. a notice to the plaintiff directing him to deliver possession. Thereupon the application, out of which this revision petition has arisen, was filed for temporary injunction restraining the third defendant from taking possession of the suit land.