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1988 Supreme(Kar) 522

H.G.BALAKRISHNA
GADIGEPPA MAHADEVAPPA CHIKKUMBI – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
A.NIMMI SWAMY, S.SHASTRY, VIGNESHWAR SHASTRY

BALAKRISHNA, J.

( 1 ) "but as a system of case-law develops, the sordid controversies of litingants are the stuff out of which great and shining truths will ultimately be shaped. The accidental and the transitory will yield the essential and permanent"- benjamin Cardozo this writ petitioner has a chequered career, in as much as on two prior occasions, he had entered the portals of this Court in quest of justice, the cases being, w. P. No. 24491/1982 and W. P. No. 2843/1976. On both occasions, the Court had allowed the writ petitions remitting the cases back for enquiry with a reasonable opportunity to the petitioner for a fair hearing of his objections to the acquisition of what was left out of his original holding devoted to agriculture.

( 2 ) WHAT is material for deciding the fate of this case is whether the petitioner himself would be rendered a landless destitute if the acquisition of his land is upheld. The sad part of the story of this forlorn agriculturist is that he has already been relieved of agricultural holding to the extent of 2 acres and 30 guntas by virtue of an earlier acquisition for similar purpose of grant of vacant sites to the rural house-less among weaker sect












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