Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010423462025 NC: 2026:KHC:47447-DB WA No. 1019 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN WRIT APPEAL NO. 1019 OF 2025 (LA-RES)
BETWEEN:
SRI. ASHWATHAPPA S/O LATE MARAPPA, AGED ABOUT 80 YEARS, RESIDING AT NO. 32, GOVERNMENT SCHOOL ROAD, KODIGEHALLI BANGALORE 560 092.
…APPELLANT
(BY SRI. K.S.NAGARAJA RAO, ADVOCATE FOR SRI. SUKANYA H.D., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, HOUSING AND URBAN DEPARTMENT, MINI VIDHANA SOUDHA, BANGALORE-1.
2.
THE SPECIAL LAND ACQUISITION OFFICER PODIUAM BLOCK, V V TOWER, DR AMBEDKAR VEEDHI, BANGALORE 560 001.
Digitally signed by MALA K N Location: High Court of Karnataka
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HC-KAR
CNR: KAHC010423462025 NC: 2026:KHC:47447-DB WA No. 1019 of 2025
3.
M/S N T I HOUSING CO OPERATIVE SOCIETY LTD., NO. 84, 1ST FLOOR, 8TH CROSS, SUN SMILE, SERPENTINE ROAD, KUMARA PARK WEST, BANGALORE 560 020.
REPRESENTED BY THE SECRETARY. …RESPONDENTS
(BY SRI.M.N.SUDEV HEGDE, AGA FOR R1 & R2;
SRI.B.B.PATIL, ADVOCATE FOR C/R3(CP 4956/26)
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO A) CALL FOR THE RECORDS AND B) SET ASIDE THE ORDER DATED 07.04.2025 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION No. 18974/2022 (LA-RES) BY ALLOWING THE APPEAL BY QUASHING THE PRELIMINARY NOTIFICATION DATED 4.1.1985 UNDER SECTION 4(1) OF THE LAND ACQUISITION ACT AND THE DECLARATION DATED 22.09.1986 UNDER SECTION 6(1) OF THE LAND ACQUISITION ACT, IN THE ENDS OF JUSTICE. c) PASS SUCH OTHER RELIEF/s AS THIS HON’BLE COURT DEEM FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH AND HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN
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HC-KAR
CNR: KAHC010423462025 NC: 2026:KHC:47447-DB WA No. 1019 of 2025
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present Writ Appeal has been filed impugning the
judgment and order dated 07.04.2025 passed by the Writ Court in W.P.No.18974/2022 by the appellant/petitioner impugning the preliminary and final Notifications dated 04.01.1985 and 25.09.1986 issued under Section 4(1) and Section 6(1) respectively, of the Land Acquisition Act, 1894, inter alia in respect of the 12 guntas of land in Sy. No. 63/2 of Kodigehalli Village, Yalahanka Hobli, Bangalore North Taluk.
2. This is not the first time the petitioner had approached this Court. The writ petitions filed by other persons in the years 2008, 2009, 2010, 2011 and 2012 came to be dismissed. Against which, Writ Appeals also came to be dismissed on the ground of delay.
3. Here the petitioner has approached this Court after delay of more than 40 years. The learned single judge, having considered the inordinate delay and laches in
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HC-KAR
CNR: KAHC010423462025 NC: 2026:KHC:47447-DB WA No. 1019 of 2025
approaching the Court, has dismissed the petition. We find no error in the impugned judgment of the learned single judge. Therefore, we dismiss this appeal however, without cost.
All pending applications stand disposed.
Sd/- (D K SINGH) JUDGE
Sd/- (H.SHANTHI BHUSHAN) JUDGE
BVK List No.: 1 Sl No.: 3