EVERSHINE MONUMENTS (EARLIER KNOWN AS M/S. GRANITE EXPORTERS) Vs. STATE OF KARNATAKA AND OTHERS
LAWS(KAR)-2017-12-98
HIGH COURT OF KARNATAKA
Decided on December 14,2017

Evershine Monuments (Earlier Known As M/S. Granite Exporters) Appellant
VERSUS
State of Karnataka And Others Respondents





Cited Judgements :-

L. RAMAREDDY VS. STATE OF KARNATAKA, URBAN DEVELOPMENT DEPARTMENT [LAWS(KAR)-2020-12-165] [REFERRED TO]
BANGALORE DEVELOPMENT AUTHORITY VS. L. CHANDRASHEKAR [LAWS(KAR)-2021-6-130] [REFERRED TO]


JUDGEMENT

B.V.NAGARATHNA,J. - (1.)These writ petitions raise important questions of law and fact. Hence, they have been clubbed together and are heard and disposed of by this common order.
(2.)At the out set, it is stated that in W.P. Nos. 17290 and 17673 to 17687 of 2014, reference was made to filing of O.S. No. 9493 of 1999 by the petitioners in those writ petitions. At the fag end of hearing of these writ petitions, noted that I had filed the said suit in the year 1999, but thereafter, another Advocate appeared in the suit and it was ultimately dismissed on 27-9-2010. When this aspect was brought to the notice of learned Senior Counsel and learned Counsel appearing in these writ petitions by me, without any hesitation, they submitted, in unison, that I could proceed to adjudicate these writ petitions. In the circumstances, I concluded the hearing of these writ petitions and have decided the matters.
(3.)These writ petitions arise pursuant to issuance of Preliminary Notification dated 19-9-1977 under Section 17(1) of the Bangalore Development Authority Act, 1976 (hereinafter referred to as 'the BDA Act', for the sake of brevity) vide Annexure-C, and declaration and Final Notification dated 7-2-1978 under Section 19(1) of the BDA Act, vide Annexure-D, in respect of Survey No. 172/2A of Bilekahalli Village, measuring seven acres. According to petitioners, one Ramaiah had purchased the said extent of land in the said survey number under a registered sale deed dated 27-5-1974 from one Krishna Setty. However, in the acquisition notifications, the name of Krishna Setty was mentioned and not that of Ramaiah.
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