IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT W.P.NO.33596 OF 2018 (LA-RES) BETWEEN NARASIMHA MURTHY, S/O LATE SEEBNAIAH, AGED ABOUT 43 YEARS, R/AT KEMPANADODDERI VILLAGE, KORA HOBLI, TUMKUR TALUK, TUMKUR DISTRICT-572101. ... PETITIONER (BY SRI.H.S. SANTHOSH, ADVOCATE) AND 1. THE STATE OF KARNATAKA, DEPARTMENT OF INDUSTRIES AND COMMERCE, GROUND FLOOR, VIKASASOUDHA, BANGALORE-560001.
REP. BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT.
2. THE SPECIAL LAO, KIADB, 1ST FLOOR, MARUTHI TOWER, NEAR SIT COLLEGE, B.H.ROAD, TUMKUR-572101.
3. THE TAHASILDHAR, TUMKUR TALUK, MINI VIDHANA SOUDHA, TUMKUR-572101. ... RESPONDENTS (BY SRI.DILDAR SHIRALLI, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 TO EFFECT THE MUTATION ENTRIES IN THE NAMES OF PETITIONER AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The Petitioner claims to be the grandson of original allottee of the lands in question vide Grant Certificate in Form No.1 dated 07.01.1965 at Annexure-B. The Petitioner grieves that his representation for grant of compensation on account of the said land having been acquired decades ago, has remained unconsidered at the hands of the Respondents.
2. Learned High Court Government Pleader Sri.Dildar Shiralli and Sri P.V.Chandrashekar - the learned Panel Counsel for Respondent No.2 on request having accepted notice submit that the claim of the Petitioner is barred by delay and latches in as much as the acquisition was in July 2010 vide notification dated 26.07.2010 at Annexure-K. However, having initially opposed the Writ Petition, they now submit that there would be no much difficulty for considering the Petitioner’s representation at Annexure-F dated 07.12.2017, if a reasonable period is prescribed by this Court for the said exercise and that Petitioner also co-operates by furnishing the required documents/information. The stand of the Respondents is fair and the prayer of the Petitioner is innocuous.
In the above circumstances, this Writ Petition succeeds in part; a Writ of Mandamus issues to Respondent No.2-KIADB to consider Petitioner’s representation dated 07.12.2017 at Annexure-F within a period of three months, keeping in view the observations in the case of Smt.Janaki & Others Vs. State of Karnataka and Others, 2012(3) KarLJ 480. Further, to inform the Petitioner the result of such consideration, forthwith.
It is open to Respondent No.2 to call for any documents/ information from the side of the Petitioner as would be necessary for due consideration of the said representation. However, no delay shall be brooked in that guise.
Costs made easy.
cbc Sd/- JUDGE