IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.57699/2018 (LA – RES) BETWEEN:
SMT.RUKMINI W/O SRI GOVINDARAJU NAIDU AGED ABOUT 60 YEARS, R/AT # 33, GOVINDA BHAVANA RAMAKRISHNA LAYOUT 1ST CROSS, RAMAMURTHY NAGAR BENGALURU-560016 …PETITIONER AND:
(BY SRI G.BALAJI NAIDU, ADV. FOR SRI M.R.VIJAYA KUMAR ADV.) 1 . ASSISTANT COMMISSIONER BENGALURU NORTH SUB-DIVISION KHANDAYA BHAVANA, K G ROAD, BENGALURU-1 2 . THE ESTATE OFFICER KARNATAKA AND GOA CIRCLE MINISTRY OF DEFENCE K KAMARAJ ROAD, BENGALURU-560042 3 . THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M S BUILDING, BENGALURU-1 …RESPONDENTS (BY SRI E.S.INDIRESH, AGA FOR R-1 & R-3; SRI UNNI KRISHNAN, CGC FOR R-2.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN NATURE OF MANDAMUS TO CONSIDER THE CLAIM PETITION MADE ON BY THE PETITIONER FOR PAYMENT OF ARREARS OF RECURRING COMPENSATION DURING YEAR FROM 1941 TILL 1966 WITH REGARD TO LAND REQUISITION LAND MEASURING 10 ACRES 35 GUNTAS IN SY.NO.21 AND 22(PT) JARAKA BANDE KAVAL VILLAGE, YELAHANKA HOBLI, BANGALORE NORTH TALUK, BY WAY OF REQUISITION UNDER REQUISITION AND ACQUISITION OF IMMOVABLE PROPERTY ACT 1952 AS PER ANNEXURES-K, L AND N DATED 15.04.2017, 28.05.2017 AND 04.08.2017 RESPECTIVELY.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has sought for a writ of mandamus to consider the claim petition submitted before the respondent No.1 – Assistant Commissioner for payment of arrears of recurring compensation from the year 1941 till 1966 with regard to requisition of land measuring 10 acres 35 guntas in Sy.No.21 and 22[Pt] Jaraka Bande Kaval Village, Yelahanka Hobli, Bangalore North Taluk by way of Requisition under Requisition and Acquisition of Immovable Property Act, 1952.
2. Learned counsel for the petitioner submits that in the first round of litigation in W.P.No.57616/2017 [D.D. 22.02.2018], this Court has disposed of the matter holding that no direction can be issued to the respondents to consider the representation made by the petitioners. However the petitioners are at liberty to pursue their remedies available to them in law before the appropriate forum with regard to compensation in accordance with law. In compliance with the said order, the petitioner has submitted the claim petition but the same has remained unconsidered. Hence, this petition.
3. Having regard to the facts and circumstances of the case, this Court deems it appropriate to direct the respondent No.1 to consider the claim petition submitted by the petitioner in accordance with law and take a decision. Accordingly, respondent No.1 is directed to consider the claim petition of the petitioner dated 19.03.2018 (Annexure-L) and take a decision in accordance with law in an expedite manner in any event not later than eight weeks from the date of receipt of certified copy of the order.
All rights and contentions of the parties are left open.
With the aforesaid observations and directions, writ petition stands disposed of.
Sd/- JUDGE NC.