B K ABDUL AZEEZ Vs. STATE OF MYSORE
HIGH COURT OF KARNATAKA
STATE OF MYSORE,TOWN MUNICIPALITY OF GUBBI
Referred Judgements :-
MAHABIR MOTOR CO. V. STATE
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PADMANABHIAH, J. -
(1.)This is an application filed by the petitioner tinder Article 226 of the Constitution of India praying for the issue of an appropriate writ, order or direction for quashing the ex-parte order of dismissal passed by the first respondent Government on the application made by him, and for restoration of the lands bearing S. Nos.1 and 14 at Gubbi Town, which are ordered to be acquired.
(2.)The facts that have given rise to this petition are briefly as follows: The petitioner is a resident of Gubbi Town and the 1st respondent is the State Government, the 2nd respondent being the Gubbi Town Municipality. The petitioner is the owner of S. No.1 having an extent of 15 guntas and S. No. 14 having an extent of 31 guntas. The 1st respondent-Government started acquisition proceedings in respect of these lands at the instance of the 2nd respondent-Municipality. At that stage the petitioner, who had been permitted by the Deputy Commissioner to convert S.No.14 into sites, applied for a stay of the proceedings for acquisition and a stay order was passed. But ultimately the 1st respondent-Government dismissed the application filed by the petitioner for dropping the acquisition proceedings and ordered the same to proceed. It is this order that is impugned in the present petition.
(3.)The grievance of the petitioner is two fold : firstly, that he has not been given a hearing before the 1st respondent-Government dismissed his application and that the procedure adopted is opposed to principles of natural justice: and secondly, that the provisions of Sections 4, 5 (A) and 17 (4) of the Land Acquisition Act have not been complied with and that, therefore, the order in question is invalid.
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