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2022 Supreme(Kar) 1322

E. S. INDIRESH
Nanjappa – Appellant
Versus
Principal Secretary Industries & Commerce Department – Respondent


Advocates appeared:
V.B.Siddaramaiah, Advocate, Nityananda K.R., Advocate, P.V.Chandrashekar, Advocate

JUDGMENT

1. This writ petition is filed by the plaintiff challenging the impugned notificationS dtd. 24/2/2005 and 1/3/2006 as the respondent-authorities have not notified before issuance of the aforementioned notifications.

2. The relevant facts for adjudication of this writ petition are that, the petitioners are the owner in possession of 19 guntas of land out of 2.16 acres in Sy.No.138/2 of Arehalli- Guddadahalli village. It is the case of the petitioners that respondent-authorities have issued notification dtd. 22/2/2005 under Sec. 28(1) of the Karnataka Industrial Areas Development Act, 1966 (for short hereinafter referred to as 'Act'), proposing for acquisition of land and the purpose for which the said notification was notified. It is also the case of the petitioners that notification dtd. 22/2/2005 (Annexure-C) was not issued/published in two Daily Newspapers having wide circulation in the said locality. That apart, it is urged that due personal notice was not served to the petitioners by the respondent-authorities. However, after issuance of the final notification, a notice dtd. 1/3/2006 was issued under Sec. 28(6) of the Act, directing the petitioners to hand over the poss

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