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2005 Supreme(Kar) 384

S.ABDUL NAZEER
THOMAS PATRAO (DECEASED) BY L. R. – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates appeared:
Sri K.M. Nataraj, Advocate for Petitioner;
Sri Nadiga Shivanandappa, High Court Government Pleader for Respondent-I;
Sri Basavaraj V. Sabarad, Advocate for Respondents-2 and 4;
Sri A.G. Holla, Senior Advocate for Sri P.D. Vishwanath, Advocate for Respondent-3.

ORDER

In this case, the petitioner has sought for quashing the Endorsement dated 12-7-2000 (Annexure-A) and the resolution dated 18-5-2000 (Annexure-B) passed by the second respondent, resolving to regrant the land in question to the petitioner.

2. Brief facts of the case are as follows:

Petitioner was the owner of about 10 acres of land at Sy. No. 58/1 of Kalavar Village, Mangalore Taluk, out of which certain extent of land was acquired by the State Government in the year 1992 for the benefit of the Karnataka Industrial Areas Development Board (for short ‘Board’). The 4th respondent against proposed to acquire additional extent of 4 acres 38 cents of lands of the petitioner in the same survey number for the similar purpose. A notification under Section 28(2) of the Karnataka Industrial Areas Development Act, 1966 (for short ‘the Act’), was issued to that effect. A notice under Section 28(2) of the Act was issued to the petitioner calling upon him to file objections as per Annexure-C. Petitioner filed his objections to the said notice vide Annexure-D objecting to the acquisition of the said land. The objections were overruled and a declaration was issued as per Section 28(4) of the

























































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