Huchamma (D) by Lrs. Vs. State of Karnataka and Ors.
EmailAppeal: Civil Appeal No.175 of 2009
[Arising out of SLP (C) No. 2173/2005]
[Arising out of SLP (C) No. 2173/2005]
Petitioner: Huchamma (D) by Lrs.
Respondent: State of Karnataka and Ors.
Apeal: Civil Appeal No.175 of 2009
[Arising out of SLP (C) No. 2173/2005]
[Arising out of SLP (C) No. 2173/2005]
Judges: Tarun Chatterjee & V.S. Sirpurkar, JJ.
Date of Judgment: Jan 14, 2009
Head Note:
Notification for acquiring land on 15.7.1982 – Final Notification on 16.8.1985 – Award on 12.5.1998 and possession taken on 30.6.1998 – Writ filed in 2000. High Court’s dismissal of writ on the ground of inordinate delay, held justified.
JUDGEMENT:
ORDER
1. Leave granted.
2. This Appeal is directed against an order dated 15th of December, 2004 passed by a Division Bench of the High Court of Karnataka at Bangalore in Writ Appeal No.2945 of 2004.
3. We have heard learned counsel for the parties and examined the impugned order and the order passed in the writ petition and other materials on record.
4. Having heard the learned counsel for the parties and after going through the materials on record, we are not inclined to interfere with the impugned order of the High Court as we find that the High Court has rightly dismissed the writ appeal on the ground of inordinate delay holding that the preliminary notification acquiring the land in question including the lands of the appellants was issued on 15th July, 1982 and the final notification was issued on 16th August, 1985 and the award was passed on 12th May, 1998 and possession of the land in question was taken over on 30th June, 1998, and subsequent to that the writ petition was filed in the year 2000. We are, therefore, of the view that the High Court was justified in dismissing the writ appeal on the ground of inordinate delay in filing the appeal.
5. Accordingly, this appeal is dismissed, with no order as to costs. Interim order passed by this Court on 4.3.2005 stands vacated.
1. Leave granted.
2. This Appeal is directed against an order dated 15th of December, 2004 passed by a Division Bench of the High Court of Karnataka at Bangalore in Writ Appeal No.2945 of 2004.
3. We have heard learned counsel for the parties and examined the impugned order and the order passed in the writ petition and other materials on record.
4. Having heard the learned counsel for the parties and after going through the materials on record, we are not inclined to interfere with the impugned order of the High Court as we find that the High Court has rightly dismissed the writ appeal on the ground of inordinate delay holding that the preliminary notification acquiring the land in question including the lands of the appellants was issued on 15th July, 1982 and the final notification was issued on 16th August, 1985 and the award was passed on 12th May, 1998 and possession of the land in question was taken over on 30th June, 1998, and subsequent to that the writ petition was filed in the year 2000. We are, therefore, of the view that the High Court was justified in dismissing the writ appeal on the ground of inordinate delay in filing the appeal.
5. Accordingly, this appeal is dismissed, with no order as to costs. Interim order passed by this Court on 4.3.2005 stands vacated.
