IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.50271/2019 (LA – KHB) BETWEEN:
DEVARAJA C.D.
S/O LATE DEVEGOWDA AGED ABOUT 62 YEARS R/AT BEHIND GOVT. SCHOOL, WARD No34, CHANNAPATNA HASSAN-573201 ... PETITIONER [BY SRI GIRISH B. BALADARE, ADV.] AND:
1. THE COMMISSIONER KARNATAKA HOUSING BOARD, K.G.ROAD, CAUVERY BHAVAN, BANGALORE-560001 2. THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA HOUSING BOARD HASSAN SUB-DIVISION HASSAN-573201. …RESPONDENTS [BY SMT.M.R.VANAJA, ADV.] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE DIRECTIONS TO THE RESPONDENTS TO CONSIDER THE REPRSENTATION DATED 10.10.2019 AT ANNEXURE-E GIVEN BY THE PETITIONER.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned counsel Smt. M.R. Vanaja accepts notice for the respondents.
The petitioner has sought for a writ of mandamus directing the respondents to consider the representation dated 10.10.2019 submitted by the petitioner.
2. The petitioner claims to be the owner of the property bearing Sy.Nos.60/3, 63/2 measuring 13 and 10 guntas respectively situated in Housing Board extension Channapattana, Hassan and as per the assessment made by the Sub-Registrar, Hassan, the value of the property situated at Channapattana Achukattu area, Hassan is valued for a sum of Rs.16,000/- per gunta for the property measuring about more than 10 guntas. It is submitted that in the year 2004, the respondent being the statutory body, in order to implement various housing schemes and for the formation of sites and layouts within the vicinity of Channapattana Tank, Achucattu Area, the respondent had agreed to purchase the lands from the respective owners as per the decisions of the “District Purchase Committee” and in the said scheme the petitioner’s land was purchased to the extent of 23 guntas. But the compensation was determined at Rs.11,000/- per gunta as against the guidance value of Rs.16,000/- per gunta. The petitioner being aggrieved by the compensation determined by the respondent – Authorities is said to have submitted a representation for payment of the difference amount, but in vain. Hence, this writ petition.
3. Having regard to the facts and circumstances of the case, this Court deems it appropriate to direct the respondents to consider the representation dated 10.10.2019 at Annexure – E submitted by the petitioner and take a decision in accordance with law in an expedite manner, in any event, within a period of eight weeks from the date of receipt of certified copy of the order. Ordered accordingly.
Writ petition stands disposed of in terms of the above.
Sd/- JUDGE PMR