High CourtsSingle Bench(2014) 03 KAR CK 0070

Puttamma vs The Government of Karnataka

Karnataka High Court · Decided on 7 March 2014

HON’BLE JUDGES
Anand Byrareddy, J
RESULT
Dismissed
CASE NUMBER
Writ Petition Nos. 10386 and 11649 of 2014 (LA-RES)

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Judgment

3 paragraphs · 176 words

Anand Byrareddy, J.—The petitioner has filed these petitions challenging an acquisition of the year 1986 on the footing that by virtue of the judgment of the Supreme Court in H.M.T. House Building Co-operative Society Vs. Syed Khader and others, , the petitioner who is a land owner, is entitled to be put in possession of her land which is acquired for the benefit of the ITI Employees Housing Co-operative Society Limited, Respondent No. 3 herein.

2.

The primary contention that the petitioner is entitled to be put back in possession by virtue of the judgment of the Supreme Court, is itself a self-defence, for if there was already a judgment of the Supreme Court directing that the petitioner be put back in possession, there is no warrant for the petitioner to approach this Court consequently and it is further seen that the judgment does not relate to the ITI Employees Housing Cooperative Society Limited,. Therefore, the question of the petitioner seeking the benefit of the judgment would fail on both counts.

Accordingly, the petitions are rejected.