IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.33384 OF 2018(LA-RES) Between:
Smt. Nagamma W/o late Shettalaiah Aged about 68 years Occ: Agriculture R/o No.40, Near Chandrappa Circle Chandrappana Palya Tavarekere Hobli, Bengaluru South Taluk Chunchanakuppe, Benglauru-572 130.
… Petitioner (By Sri Kaleemullah Shariff, Advocate for Smt. Sukanya H.D., Advocate) And:
1. The State of Karnataka By its Secretary Land Acquisition Department M.S. Building Bengaluru-560 001.
2. The Special Land Acquisition Officer Karnataka Housing Board Cauvery Bhavan Bengaluru-560 009.
3. The Commissioner, Karnataka Housing Board Cauvery Bhavan Bengaluru-560 009.
4. Deputy Commissioner Bengaluru South Division Bengaluru-560 009.
(By Sri E.S.Indiresh, AGA) …Respondents This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondents to consider the grievances of petitioners and pay the compensation amount in respect of Land Survey No.45/16 Measuring 3 Acre of Bhyalalu Village an award amount of Rs.3,21,57,986/- vide Annexure-H passed by the R-2 with 15% Interest and with cost of this petition.
This Writ Petition coming on for Orders this day, the Court made the following:-
ORDER Sri. Kaleemullah Shariff, learned counsel for Smt. Sukanya H.D, learned counsel for the petitioner.
Sri.E.S.Indiresh, learned Additional Government Advocate for the respondents.
2. In this petition, the petitioner inter alia seeks for a writ of mandamus directing the respondents to consider the grievance of petitioner and pay the compensation amount in respect of land in Survey No.45/16 measuring 3 Acres of Bhyalalu Village, an award amount of Rs.3,21,57,986/- vide Annexure-H passed by the R- 2 with 15% Interest.
3. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petition be disposed of with a direction to the respondents to consider and decide the representation submitted by the petitioner at Annexure-K dated 17.06.2018 in accordance with law.
4. On the other hand, learned Additional Government Advocate submitted that suitable action shall be taken in accordance with law on the representation submitted by the petitioner.
5. In view of the submission made and in the facts of the case, the writ petition is disposed of with a direction to the competent authority to consider the representation at Annexure-K submitted by the petitioner in accordance with law by a speaking order within a period of two months from the date of receipt of certified copy of the order passed today.
6. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the writ petition is disposed of.
SD/- JUDGE dn/-