IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI WRIT PETITION NO.31018 OF 2018 (LA-RES) BETWEEN:
B.K. GURUSHANTHAPPA S/O. B.K. BASAVALINGAPPA AGED ABOUT 65 YEARS RESIDING AT BADA VILLAGE DAVANAGERE TALUK DAVANAGERE DISTRICT-577 514 (BY SRI. P.H. VIRUPAKSHAIAH, ADV.) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY PUBLIC WORKS DEPARTMENT PORTS AND INLAND WATER TRANSPORT DEPARTEMNT VIKASA SOUDHA BANGALORE-560 001 2. THE ASST. COMMISSIONER (ADDL) (LAND ACQUISITION) BANGALORE SUB- DIVISION KARNATAKA STATE HIGHWAY IMPROVEMENT PROJECT CRESCENT TOWERS CRESCENT ROAD BANGALORE-560 001 3. THE CHIEF PROJECT OFFICER KARNATAKA STATE HIGHWAY IMPROVEMENT PROJECT ... PETITIONER K.R. CIRCLE BANGALORE-560 001 (BY SRI. E.S. INDIRESH, AGA FOR R-1 TO R-3) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT DATED 20.01.2017 VIDE ANNEXURE-H AND ENDORSEMENT DATED 18.05.2018 VIDE ANNEXURE-K ISSUED BY R-2 AUTHORITY HOLDING THE SAME ARE ILLEGAL AND AGAINST LAW AND ETC., THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner has sought for the following relief:
(a) Issue writ in the nature of certiorari or any other writ or order or direction in the similar nature quashing the endorsement bearing No.Ka.Ra.He. Aa.Yo/YoAaGa/Sa.Aa/Bhu.Swa/S R-25/2010-11/3020 dated 20.01.2017 vide Annexure-H endorsement bearing No.Ka- Ra.He.Aa.Yo/YoAaGa/Sa.Aa/ Bhu.Swa/Sr-25/2010-11/PR – 25/ 262 dated 18.05.2018 vide Annexure-K issued by the 2nd respondent authority holding the same are illegal and against law;
(b) Issue writ in the nature of Mandamus or any other writ or order or direction in the similar nature directing the 2nd respondent authority to consider the petition filed by the petitioner herein on 10.04.2018 vide Annexure-J and to refer the case to the jurisdictional court of the civil Judge to determine the amount of compensation payable in favour of the petitioner in respect of land bearing Sy.No.175 measuring to an extent of 10 guntas situated at Bada Village, Mayakonda Hobli, Davanagere Taluk and District.
2. Learned counsel for the petitioner submitted that identical matters were subject matter of writ petition Nos.50787/2018 and 7731-41/2019. This Court allowed the writ petition on 08.03.2019 in the following terms:
10. However under sub-Section (3) of Section 35 of the Act, Sections 5, 12 and 14 of the Limitation Act, 1963 have been expressly adverted to. Section 5 of the Limitation Act is a provision enabling a party to seek condonation of delay in the event an application or a proceeding is not filed within the prescribed period of limitation. If such an application is made - as in the instant case it has been so made by the petitioners herein - a duty is cast on the second respondent – authority to consider the said application in accordance with law and if there is a sufficient reason to condone the delay in filing the application under Section 35(1) of the Act. In the instant case, the impugned endorsement merely refers to Section 35(2) of the Act. There is no reference to Section 35(3) of the Act. Consequently, the second respondent has not applied his mind to the aspect of condonation of delay in filing the application under Section 35(1) of the Act for the purpose of seeking enhancement of compensation. On that short ground alone, the endorsements at Annexures - E, E1 and E.2 are quashed. The matter is remanded to the second respondent – authority to reconsider the applications filed by the petitioners herein which are at Annexures - A to D, in accordance with law and with special reference to sub-Section (3) of Section 35 of the Act and Section 5 of the Limitation Act, 1963. The said consideration shall be made in an expeditious manner.
3. The aforesaid aspects have not been disputed by the learned State counsel appearing for respondents. He has also pointed out that a clause for condonation of delay in filing the application under Section 35(1) of the Karnataka Highways Act, 1964.
4. Heard the Learned counsel for the parties.
5. Writ petition stands allowed in terms of the aforesaid decision. Endorsement dated 20.01.2017 and 9/18.05.2018. Annexures-H and K respectively are set aside in respect of Sy.No.175 measuring to an extent of 0-10 (10890 sq.m) guntas situated at Bada Village, Mayakonda Hobli, Davanagere taluk.
Sd/- JUDGE BS