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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
D.K.SINGH, VENKATESH NAIK T.
Rekha Mahesh – Appellant
Versus
State Of Karnataka – Respondent
| Table of Content |
|---|
| 1. acquisition and ownership details (Para 1 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. maintainability of the petition (Para 2 , 10) |
| 3. writ jurisdiction limitations (Para 11 , 12) |
| 4. review jurisdiction recommendation (Para 13) |
| 5. final disposal order with liberty (Para 14) |
ORDER :
D.K. SINGH, J.
The present petition has been filed by the petitioner who claims Sy.Nos.7/1A, 7/1B, 7/1C and 7/1D situated at Gangenahalli village were acquired under the notification dated 30.11.1977 by the Bangalore Development Authority (hereinafter referred to as ‘BDA’).
2. The petitioner in this petition has challenged the judgment dated 20.03.2014 passed in Writ Petition No.36025/2013.
3. Before dealing with the question of maintainability of the petition in challenging the judgment dated 20.03.2014 passed in the Writ petition No.36025/2013 and two other connected petitions, it would be apt to take note of the relevant facts which are stated thereunder:
i. The land in Sy.No.7/1A measuring 1 acre 34 guntas situated in Gangenahalli village, now called R.T.Nagar. K.H.Muniswamappa Block, Bangalore was claimed to have been acquired by one P. Munireddy, the husband of Smt.Kamalamma and the father of Sri.Kondappa
A writ of certiorari cannot be issued by one Bench of a High Court to another, requiring parties to pursue review instead in original proceedings.
Subsequent purchasers cannot challenge acquisition proceedings, and challenges to possession and allotment must be made within a reasonable time.
Acquisition proceedings lapse as government fails to take possession and pass awards within reasonable time; prior court liberties enable claims for de-notification.
Public auction does not confer superior rights against lawful land acquisition, emphasizing public interest over individual acquisition claims.
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