STATE OF KARNATAKA Vs. THIMMEGOWDA

JUDGEMENT

(1.) These three appeals by the State arise out of orders made by a learned Single Judge in the exercise of original jurisdiction of the Court under Art.226 of the Constn, in WPs.684 and 923 of 1973 and WP.142 of 1974 respectively. Since it is common ground that the question of law raised is common to all of them, our judgment in WA.395 of 1974 will govern the disposal of the other appeals also.

(2.) The facts material for the disposal of WA.395 of 1974 are briefly as follows: Two acres out of Sy No.140 of Harnal village in Sindgi Taluka,, belonging to the rsepondent (writ petitioner) were proposed for acquisition by a notification No.RD 66 Agi.73 dt,.24-3-1973, issued under S.4 of the Land Acquisition Act ('Act' for short). The public purpose specified therein was for 'providing house sites for landless workers of Harnal village' . By the said notification the Govt dispensed with the procedure enjoined under Sec.5A of the Act by having recourse to the provisions of S.17(4) thereof. There was also an earlier attempt made to acquire the land and the same was not pursued owing to cerain proceedings instituted by the appellant, the details of which it is unnecessary to recount for the present purpose.

(3.) Aggrieved by the proposal for acquisition, the respondent approached this Court by means of a writ petition the order in which is under challenge herein. The ground urged in support of the petition, inter alia, is that the acquisition was malafide as the same had been set afoot by the officiating patil of the village who bore a grudge against the petitioner, and that there has been no application of the mind by the authority concerned in the context of the invocation of the powers under S. 17 (4) of the Act by the said authority.