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2023 Supreme(Kar) 176

KRISHNA S.DIXIT
B. C. Lokesh S/o Late Chikkamniyappa – Appellant
Versus
State of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: I. Taranath Poojary, Veena T.N.
For the Respondents: R. Srinivasa Gowda, B.B. Patil.

ORDER :

1. Petitioner is knocking at the doors of writ Court for assailing the acquisition of his land admeasuring 2 Acres-0 Guntas in Sy. No. 176 of Bagaluru Village, Yelahanka Taluk, in Bengaluru Urban District, vide Final Notification dated 10.10.2022 issued by the 1st Respondent-State under section 28(4) of the Karnataka Industrial Areas Development Act, 1966 at Annexure-A. He has also sought for the quashment of Notification dated 10.08.2022 issued u/s 3(1) of the 1966 Act at Annexure-B whereby the area in which the subject land is subsumed has been declared to be an industrial area.

2. After service of notice, the 1st Respondent-State has entered appearance through the learned AGA; the Respondent-KIADB and its officials are represented by their Sr. Panel Counsel and they have filed the Statement of Objections & Addl. Statement of Objections resisting the Writ Petition.

3. THE FOUNDATIONAL FACTS OF THE CASE:

    (i) Petition property is a ‘granted land’ and not the one bought by the grantee by his toil. The grantee was subject to certain terms and conditions that are reflected in a copy of the document at Annexure-A. After the death of original grantee, his widow Smt. Chikkamuniyamma

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