Hon’ble High Court has dismissed a writ petition here on 09.01.2019 stating that if such challenge is upheld then, this Court would run the risk of ridicule.

The above decision was given in the case of Smt. Madduramma v. The State of Karnataka in which Hon’ble Court declared that it will be unconscionable for the other widow and her children to lay a fresh challenge to the acquisition and there is the abuse of the process of the Court.

BRIEF FACTS OF THE CASE:

Through the Writ Petitions, the petitioners are calling in question the acquisition of their lands which followed final notification dated 09.05.1994, on the ground that the scheme in question having not been implemented within the statutory period, has lapsed and therefore, the lands have to be reverted back to the petitioners. The first widow of late Puttaiah had filed W.P. No. 34214/ 2014 challenging the very same acquisition in respect of these lands that can be dismissed as withdrawn on 08.06.2015. Later, she filed another W.P. No. 21057/2015 which came to be dismissed vide order dated 03.08.2015 on the ground that the earlier Writ Petition was withdrawn without reserving liberty.

Later Smt. Munivenkatamma had filed W.A. No.2498/2015 challenging the aforesaid judgment and order which came to be dismissed observing that there was an abuse of the process of the Court. Thereafter Smt. Munivenkatamma had filed SLP (C) No. 2667/2016 which came to be disposed of by the Apex Court.

DECISION OF THE COURT:

The Court held that the other widow of original kathedkar Mr. Puttaiah from whom the lands were acquired had unsuccessfully laid multiple challenges to the acquisition in question. The matter went to the Apex Court but there was no material is produced by the petitioners to show that any review has been done. That’s why it is so unconscionable for the other widow and her children to lay a fresh challenge to the acquisition.

Hence, Writ Petitions fail and accordingly, they are dismissed.