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2022 Supreme(Kar) 905

S. R. KRISHNA KUMAR
Chowdamma – Appellant
Versus
State of Karnataka – Respondent


Advocates appeared:
Udaya Holla, Senior Counsel for Vivek Holla, Advocate, for the Petitioner; A.C. Balaraj, AGA, G.L. Vishwanath and S. Rajashekar, Advocates, for the Respondents

JUDGMENT

S.R. Krishna Kumar, J. - In this petition, petitioner seeks a declaration that the acquisition of the schedule property bearing Sy. No. 23/4 measuring 23 guntas situated at Nayandanahalli, Kengeri Hobli, Bangalore South taluk, Bangalore district bearing V.P. Khata No. 1148/2013 and 1148/13/1 and presently bearing BBMP Municipal No. 23/4/1148/13 in ward No. 131 of BBMP has lapsed and for quashing of the acquisition notifications and award and for other reliefs.

2. Briefly stated, the various contentions in the petition are as under:-

Petitioners claim that the petition schedule property was purchased by petitioner No. 1 vide registered sale deed dated 01.02.1960 and that the khata stands in the name of the petitioners who are paying taxes in respect of the schedule property. On 04.04.1985, the schedule property as well as Sy. No. 23/2 belonging to Patel Byrappa husband of petitioner No. 1 and other lands were notified for acquisition by issuing a preliminary notification under Section 4 of the Land Acquisition Act, 1894 (for short 'the L.A. Act'). It is averred that though the petitioners and her husband opposed the said acquisition, the respondents issued a final notification

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