RAMEGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner is the owner of wet land S.No. 7/1 ; he claims to be a farmer, with two sons and three daughters. He asserts that in his land there are two mango trees, sixteen fruit bearing coconut trees ; tamarind and other trees. Obviously nothing can be more dearer to him than the land, which is the source of his survival.

(2.) On 6-2-1976, the land was notified for acquisition under the Karnataka Acquisition of Land for Grant of House Sites Act. Petitioner, rightly and justly objected as his life, belt was being cut off. On 29-3-1976, final notification was issued. Since the petitioner had not been heared, he questioned the same in W.P. 5890 of 1977. W.P. was allowed on 23-6-1980, after quashing the final notification, directions were issued to proceed in accordance with law. The relief, though temporary, was a postponement of the evil day. Respondents, who were in authority and had force mightier than the petitioner, once again issued a final notification ; that was challenged in W.P. 21530 of 1982 ; that Petition was also allowed on 17/19th July 1984. The respondents with a desire to frustrate the petitioner and make his attempts infructuous, appear to have forcibly taken possession. The so-called allottees got themselves impleaded in the Writ petition, asserting that they are in possession of sites in this land. Para 23 of the said Judgment reads thus :

(3.) The Court directed the 2nd respondent-Deputy Commissioner to complete the acquisition in two months from the date of the receipt of Assistant Commissioner's report. Once again on 13-12-1984, final notification is issued and on 18-1-1985, Form 'D' notification is issued declaring that the land has vested in the State Government and therefore it should be surrendered to the Government. These are the subject matters of this Petition. On 16-5-1985, interim order of stay was granted which was continued on 22-8-1985. In this order, the Court observed :