Shri.Vishnupant S/O.Ganesh Wagapure @ ... vs State Of Karnataka on 1 March, 2017

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Karnataka High Court

Shri.Vishnupant S/O.Ganesh Wagapure @ ... vs State Of Karnataka on 1 March, 2017

Bench: L.Narayana Swamy

                          1




         IN THE HIGH COURT OF KARNATAKA
                 DHARWAD BENCH

          DATED THIS THE 1ST MARCH, 2017

                       BEFORE

     THE HON'BLE MR. JUSTICE L.NARAYANA SWAMY

        WRIT PETITION NO.81838/2013(LA-RES)

BETWEEN

VISHNUPANT S/O.GANESH WAGAPURE
@ KULKARNI, AGE: 20 YEARS,
OCC: STUDENT, R/O.MUGALKHOD VILLAGE
TALUKA: RAIBAG, DIST: BELGAUM.
                                   ... PETITIONER
(By Sri. SANGRAM S KULKARNI, ADV.)

AND

1.    STATE OF KARNATAKA
      REP. BY ITS CHIEF SECRETARY
      VIKAS SOUDHA, BANGALORE.

2.    THE DEPUTY COMMISSIONER,
      BELGAUM.

3.    THE ASSISTANT COMMISSIONER
      CHIKODI

4.    GURU YALLARLINGA MAHARAJARAMATH
      MUGALKHOD
      REPTD BY SRI.MURUGHARAJENDRA APPAJI
      AGE: 29 YEARS, OCC: MATHADHIPATI
      R/O.MUGALKHOD VILLAGE
      TALUKA: RAIBAG, DIST: BELGAUM.
                            2




5.   KUMAR MAHADEV S/O.GANESH
     WAGAPURE @ KULKARNI
     AGE: 13 YEARS, OCC: STUDENT
     R/O.MUGALKHOD VILLAGE
     TALUKA: RAIBAG, DIST: BELGAUM

     SINCE MINOR REPRESENTED BY
     HIS NATURAL GUARDIAN
     SMT.PUSHPAWATI W/O.GANESH
     WAGAPURE@ KULKARNI
     (RESPONDENT NO.5)

6.   SMT.PUSHPAWATI W/O.GANESH
     WAGAPURE @ KULKARNI
     AGE: 41 YEARS, OCC: AGRICULTURE
     R/O.MUGALKHOD VILLAGE
     TALUKA: RAIBAG, DIST: BELGAUM

                                      ... RESPONDENTS

(By Smt. K. VIDYAVATI, ADV. FOR R1 & R2)


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA, PRAYING TO
QUASH THE NOTIFICATION ISSUED BY RESPONDENT
NO.2 UNDER SECTION 4(1) OF LAND ACQUISITION ACT,
1894    DATED:09/08/1999       VIDE     ANNEXURE-B,
DECLARATION UNDER SECTION 6 OF THE LAND
ACQUISITION ACT PASSED BY RESPONDENT NO.1 ON
26/08/2000   VIDE     ANNEXURE-G,     ORDER    VIDE
ANNEXURE-D AND NOTICE VIDE ANNEXURE-E BOTH
BEARING NO.L.A.Q-SR-03:99-2000 DATED:18/04/2001
ISSUED   BY   RESPONDENT       NO.3  AND    GAZETTE
NOTIFICATION     DATED:19/07/2001      ISSUED    BY
RESPONDENT NO.1, VIDE ANNEXURE-L & ETC.

     THIS WRIT PETITION COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
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                             ORDER

Though the reasons in I.A.No.1/2016 is not convincing to this Court, but in the ends of justice, the same is allowed. The order dated 11.02.2013 recalled. Petition restored to file.

The land of the petitioner was acquired in the year 1999 for the purpose of putting up school by the Mutt and even today the government has not put up any construction. Hence, this petition is filed for restoration of the petition land.

Submission is heard. I have gone through the papers.

When the acquisition itself is in the year 1999 and award is passed if becomes property of the government. Hence, the government is directed to dispose of the matter in accordance with law.

W.P. is accordingly disposed of. 4 Learned AGA is permitted to file memo of appearance within four weeks.

Sd/-

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