MANAORANJITHAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) WRIT Appeal No. 784/2008 is directed against the order dated 7. 3. 2008 wherein the appellant, who is the petitioner in writ Petition No. 26068/2005 before the learned Single Judge sought to challenge the preliminary notification dated 29. 1. 2003 and the final notification dated 5,7. 2003 issued in land acquisition proceedings initiated by the 2nd respondent herein. Similarly, appellant in Writ Appeal No. 781/2008 had preferred Writ Petition No. 26064/2005 challenging the very same acquisition proceedings in respect of his property.

(2.) IT is true that the land acquisition proceedings initiated by the 2nd respondent has already culminated in an order in Writ Appeal No. 72/2004 and connected matters before this Court which was also subsequently confirmed by the Supreme Court in Civil Appeal Nos. 3492-3494/2005 and connected matters by order dated 20. . 4. 2006. While the Civil Appeal was pending before the Supreme Court, the appellants-writ petitioners herein filed CC No. 8869/2005 seeking leave of the Apex Court to prefer third party Special Leave Petition as they were not parties in Writ Appeal no. 72/2004 and connected matters on the ground that appellants-writ petitioners were not given notice before acquiring their lands. The Apex court, by its order dated 30. 9. 2005 disposed of the said LA. in CC 8869/2005 as hereunder:

(3.) BEFORE disposing the above SLPs by order dated 20. 4. 2006, the appellants-writ petitioners, without prejudice to their rights in the matter pending before the Court, also independently filed Writ Petition No. 26068/ 2005 and 26064/2005 respectively on 2. 12. 2005. The learned Single Judge, taking note of the above facts and circumstances into consideration, by order dated 7th March, 2008 dismissed the writ petitions observing as follows: