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1991 Supreme(Kar) 78

D.R.VITHAL RAO, K.A.SWAMI
MOHAMMED SAB – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
Appa Rao, BHARATI NAGESH

SWAMI, J.

( 1 ) IN this petition under Articles 226 and 227 of the Constitution of India, the petitioners have sought for quashing the notification No. Laq. hs. Cr. 23/1980-81, dated 29-12-1980/26-3-1981 published in the Karnataka gazette on 9th april, 1981 issued under sub-section (1) of Section 3 of the Karnataka acquisition of lands for grant of house sites Act, 1972 (hereinafter referred to as the 'act')- prior to the publication of the notification under sub-section (4) of Section 3 of the Act, a notification bearing No. Laq. Hs. Cr. 35/1979-80, dated 27-12-1980 under sub-section (1) of Section 3 of the act was also published in the Karnataka gazette on 17-1-1980. Under the impugned notifications, 3 lands bearing survey Nos. 210/a, 169/1 and 169/2 of bhalki in bidar district are proposed to be acquired. The petitioners have also sought for a declaration that Section 3 of the Karnataka acquisition of lands for grant of house sites Act, 1972 is unconstitutional.

( 2 ) IT is relevant to note that prior to the filing of this writ petition, petitioner No. 3 had filed w. P. No. 11157/1984 challenging the award passed pursuant to the acquisition in question. That writ petition was di














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