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2009 Supreme(Kar) 419

K.N.KESHAVANARAYANA, D V SHYLENDRA KUMAR
Ningamma Patil – Appellant
Versus
The State of Karnataka by its Secretary – Respondent


Advocates Appeared:
For the Petitioners:Vinod Prasad, Advocate.
For the Respondents:R1 - K.B. Adhyapak, AGA, R2 & R3 - Basavaraj M Mekki, Advocate.

JUDGMENT

1. Writ appeal by persons who claim to be owners of land in Survey/Block Nos.141 and 145 measuring an extent of 1 acre 18 guntas and 1 acre 30 guntas respectively of Amargol Village in Hubli Taluk of Dharwad District.

2. Appellants are aggrieved that a challenge mounted by them to the scheme for development of land by the 2nd respondent, Hubli-Dharwad Urban Development Authority and acquisition of their lands for implementation of such plan as not legal has been rejected by a learned Single Judge of this Court by dismissing their writ petition.

3. In the writ petition it had contended that the authority has acted in a partisan manner in not acquiring the entire extent proposed under the Scheme, but has periodically given up chunks of land proposed for acquisition under the scheme; that, though the appellants would very much like to get a like treatment, they failed and such other grounds to seek relief in the writ petition which did not prove to be of any success to them for the reason that the learned Single Judge who examined their case in Writ Petition No. 10584/2007 dismissed the petition as per the order dated 3.7.2008 being of the view that the challenge is at a ver

































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