IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE P.B.BAJANTHRI WRIT PETITION NO.30507/2019 (LA-RES) BETWEEN:
R. MADAIAH, S/O. LATE. RAMEGOWDA, AGED ABOUT 90 YEARS, R/AT NO. 250, VIVEKANANDA NAGAR, NEAR REDDY COLONY, T. NARASIPUR TALUK, MYSURU DISTRICT – 571 124. ... PETITIONER (BY SRI ANANDA AND SRI RAJU BHAT, ADVOCATES) AND:
1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, GATE NO. 3, 5TH FLOOR, AMBEDKAR VEEDHI, M S BUILDING, BENGALURU – 560 001.
REPRESENTED BY ITS SECRETARY 2. PRINCIPAL SECRETARY DEPARTMENT OF REVENUE, (LAND ACQUISITION), AMBEDKAR VEEDHI, M S BUILDING, BENGALURU – 560 001.
3. ASSISTANT COMMISSIONER MYSORE SUB-DIVISION, MYSORE DISTRICT, MYSORE – 570 005. ... RESPONDENTS (BY SRI E.S. INDIRESH, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 TO CONSIDER THE REPRESENTATION DTD. 28.10.2017 SUBMITTED BY THE PETITIONER IN THE OFFICE OF R-1 SEEKING TO ISSUE NO OBJECTION CERTIFICATE. A TRUE COPY OF THE REPRESENTATION IS HEREBY PRODUCED AS ANNX-A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned Additional Government Advocate accepts notice for respondents 1 to 3.
2. In the instant petition, petitioner has sought for the following relief:
“Issue writ of mandamus or any other writ, order, direction in the nature directing the respondent No.1 to consider the representation dated 28.10.2017 submitted by the petitioner in the office of respondent No.1 seeking to issue No Objection Certificate. A True copy of the representation is hereby produced as Annexure-A”
3. The grievance of the petitioner has been stated in Annexure-A representation addressed to the 1st respondent relating to dropping of petitioner’s property from acquisition. Even though petitioner’s grievance is pending before the 1st respondent from 28.10.2017, there is inaction on the part of the 1st respondent in not taking decision on the petitioner’s grievance. Therefore, the 1st respondent is hereby directed to take decision on the petitioner’s grievance vide Annexure-A dated 28.10.2017 within a period of six weeks from the date of receipt of a copy of this order. The 1st respondent is also directed to communicate such decision to the petitioner at the earliest.
4. With the above observation, this writ petition stands disposed of.
Sd/- JUDGE VP