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2012 Supreme(Kar) 89

N.KUMAR
Hullappa – Appellant
Versus
State of Karnataka – Respondent


Advocates Appeared:
For the Appellant:Sharma Mallikarjuna, Advocate.
For the Respondents:S.S. Kumman, B.C. Jaka, Advocates.

Judgment

1. The plaintiff has preferred this appeal against that portion of the decree passed by the trial Court, declining to grant mandatory injunction.

2. For the purpose of convenience, the parties are referred to as they are referred to in the original suit.

3. The subject matter of the suit is land bearing Sy.No.29/2 totally measuring 5 acres 5 guntas out of which to the extent of 2 acres is acquired by the Government through defendants for construction of perculation tank at village Karanji, Taluka Aurad, District Bidar in the year 1997-98.

4. The case of the plaintiff is that defendants are Public Officers. It was their bounden duty to initiate acquisition proceedings under the Land Acquisition Act in respect of the private property, which is required for public purpose. The defendants being the responsible Public Officers are not sending requisition to the acquisition authorities for starting acquisition proceedings. The defendants have violated their legal obligation which they were bound to do, they have executed the work under the pretext of public duties. The promise given to the plaintiff that their land will be acquired under the process of law and will get compensat
































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