JOTIBA NINGAPPA PATIL Vs. COMPETENT AUTHORITY BELGAUM URBAN

JUDGEMENT

(1.) HEARD Smt. Latha Prasad holding brief for Sri Ananta Mandagi, counsel for the petitioner and Sri C. Ramakrishna, learned High Court government Pleader.

(2.) THE petitioner has challenged by this petition the order of acquisition of his land viz. , the order dated 19-8-1980 (Annexure-E) to the writ petition as well as the order dated 20-1-1994 (Annexure-G) passed by the Divisional Commissioner, Belgaum Division in Appeal under Section 33 of the Urban Land (Ceiling and Regulation) Act, 1976 ('the Act', for short ).

(3.) THE petitioner's case is that respondent 1 declared the petitioner's land as excess and passed the order impugned without giving any notice or opportunity of hearing to the petitioner in the matter and passed the order impugned viz. , order dated 19-8-1980 in case No. RB/ulc/d/sr/2560 and the order is illegal being breach of Section 42 of the Act and Rule 5 thereto.