IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2019 BEFORE THE HON'BLE MRS. JUSTICE S. SUJATHA WRIT PETITION NO. 19707/2017 (LA-RES) BETWEEN:
M V SUBRAYA S/O LATE VENKATARAMANAYYA AGED ABOUT 73 YEARS R/AT KALAKERI, NIDUGANE VILLAGE MADIKERI TALUK KODAGU – 571 201 … PETITIONER (BY SRI. H. R. SUNIL KUMAR, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHANA SOUDHA BANGALORE – 560 001 2. THE DEPUTY COMMISSIONER KODAGU DISTRICT, MADIKERI-571 201 3. THE EXECUTIVE ENGINEER PWD, MADIKERI DIVISION MADIKERI-571 201 4. ASSISTANT EXECUTIVE ENGINEER PWD NO.1 SUB-DIVISION MADIKERI-571 201 5. TAHASILDAR AND EXECUTIVE MAGISTRATE MADIKERI TALUK, MADIKERI-571 201 … RESPONDENTS (BY SRI. B. J. ESHWARAPPA, ADV. FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA 1956 PRAYING TO DIRECT THE RESPONDENTS TO ACT UPON URGENTLY ON THE COMPENSATION APPLICATION OF THE PETITIONER AT ANNEXURE-N AND TO PAY COMPENSATION ALONG WITH INTEREST WITHOUT DELAY.
THIS WRIT PETITION COMING ON FOR PRILIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner has sought for a writ of mandamus by directing the respondents to act upon compensation application filed by the petitioner as per Annexure-N and to pay compensation along with interest in an expedite manner.
2. The petitioner claims to be the absolute owner of the property in question. It is submitted that the said property has been acquired by the respondents for formation of Abbi Falls Road. Pursuant to which, the petitioner approached the respondents repeatedly for getting the compensation, but in vain.
3. Learned Addl. Government Advocate, appearing for the respondents – State, fairly and rightly submits that the application of the petitioner would be considered in accordance with law within a time frame fixed.
4. In view of the aforesaid, there being no inhibition for the respondents to consider the application of the petitioner in accordance with law, this court deems it appropriate to direct the respondent No.2 to consider the application filed by the petitioner vide Annexure-N in accordance with law and take a decision in an expedite manner, after providing an opportunity of hearing to the petitioner and is ordered accordingly.
Compliance shall be made within a period of six weeks from the date of receipt of the certified copy of this order.
Sd/- JUDGE PL*