VIDHYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this Writ petition the prayer is for issuance of a Writ of Mandamus to the Respondents to initiate acquisition proceedings for acquiring the petition property admeasuring 01 A 27 G situate in Survey No.738/2 at Bhagya Nagar in Taluk and District Koppal and to pay to the Petitioners the compensation and also to make good the monitory loss occasioned by appropriation of the said property sans any acquisition.

(2.) The brief facts of the case stated are :

(3.) Aggrieved thereby, the Petitioners are before this Court. The learned Addl. Government Advocate Smt. Veena Hegde takes notice for the Respondent Nos.1 to 5. She has opposed the claim of the Petitioners stating that many untenable claims keep on coming up years after the properties are used for public purpose only because the real estate is booming and that such claimants should not be encouraged. In support of her submission, she has banked upon a decision of this Court dated 28.02.2013 made in WP No.753/2008 in the case of M.V.Subbarao and another Vs. L.A.O and another.