IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION No.10461/2019 (LA-RES) BETWEEN:
PRAVEEN P PATEL S/O LATE PACHAN JEEVARAJ PATEL AGED ABOUT 50 YEARS R/AT NO.16, 1ST MAIN, BTM LAYOUT, II STAGE, NEXT TO KARNATAKA BANK BANGALORE 560 076.
AND:
... PETITIONER (BY SRI VARADARAJAN M. S., ADVOCATE) 1. THE STATE OF KARNATAKA BY ITS SECRETARY TO THE DEPARTMENT OF COMMERCE AND INDUSTRY, VIKASA SOUDHA, AMBEDKAR VEEDHI, BANGALORE 560 001.
2. KIADB, BY ITS SECRETARY NRUPATHUNGA ROAD, BANGALORE 560 001.
3. THE SPECIAL LAND ACQUISITION OFFICER KIADB (BMRCL) NRUPATHANGA ROAD, BANGALORE 560 001.
4. THE MANAGING DIRECTOR BANGALORE METRO RAIL CORPORATION LIMITED 3RD FLOOR, BMTC COMPLEX, K.H. ROAD, SHANTHINAGAR, BANGALORE 560 027.
... RESPONDENTS (BY SRI E. S. INDIRESH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENTS TO PAY TO THE PETITIONER COMPENSATION FOR THE EXTRA EXTENT OF 597.54 SQUARE FEET THAT THE RESPONDENTS HAVE TAKEN WRONGFUL POSSESSION OF; AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Varadarajan M.S., learned counsel for the petitioner.
Sri E. S. Indiresh, learned Additional Government Advocate for the respondents.
2. The petition is admitted for hearing. With the consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia seeks for a direction to the respondents to pay to the petitioner compensation for the extra extent of 597.54 sq.ft. that the respondents have taken wrongful possession of.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petition may be disposed of with a direction to the respondent No.4 to consider the representation dated 28.11.2018 (Annexure-L) submitted by the petitioner in accordance with law.
5. On the other hand, learned Additional Government Advocate for the respondents submitted that the representation submitted by the petitioner shall be dealt with in accordance with law, if not already decided.
6. In view of the submissions made and in the facts of the case, the writ petition is disposed of with a direction to the respondent No.4 to consider and decide the representation submitted by the petitioner, if not already decided, in accordance with law by a speaking order within a period of six weeks from the date of receipt of certified copy of the order passed today.
7. It is made clear that this Court has not expressed any opinion on merits of the case.
8. Accordingly, the writ petition is disposed of.
Sd/- JUDGE MD