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2021 Supreme(Kar) 219

ALOK ARADHE, NATARAJ RANGASWAMY
Roy Rodrigues Rep. By His Power Of Attorney Holder Ramesh V Shetty S/O Vittal Shetty – Appellant
Versus
Government Of Karnataka Rep. By Its Secretary Revenue Department – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. H.N.M. Prasad, Adv.
For the Respondent: Mr. Jeevan J. Neeralgi, Aga, Mr. D.N. Nanjunda Reddy, Senior Counsel, Mr. P.V. Chandrashekar, Adv., Mrs. S.R. Anuradha, Adv.

JUDGMENT :

ALOK ARADHE, J.

In this intra court appeal under Section 4 of the Karnataka High Court Act, 1961 the appellant has assailed the validity of the order dated 01.07.2009 passed by the learned Single Judge by which challenges were made to the Notification dated 25.11.2005 as well as the subsequent allotment of the sites made in favour of respondent Nos.3 & 4 has been repelled by learned Single Judge and the writ petition preferred by the appellant has been dismissed. In order to appreciate the appellant’s challenge to the impugned order, relevant facts need mention which are stated hereinafter.

2. The appellant purchased 2 acres and 23 guntas of land of Survey No.225 situate at Banandur Village, Bidadi Hobli, Ramanagara Taluk, by registered sale deed dated 16.10.1995. The land of the appellant measuring 2 acres and 23 guntas as well as 1,884 acres of land was required for formation of industrial layout. Thereupon a preliminary notification under section 28(1) of the Karnataka Industrial Areas Development Act, 1966 (hereinafter referred to as 'the Act' for short) was issued on 15.04.1997, by which the land of appellant as well as the land measuring 1,884 acres was sought to be a

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