IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.16637 OF 2019 (GM-RES) BETWEEN:
1. SMT. SHARDAMMA W/O. LATE JAYARAME GOWDA AGED ABOUT 78 YEARS.
2. SRI. RAVIGOWDA S/O. LATE BYREGOWDA AGED ABOUT 66 YEARS.
3. SRI. A. MUNIYAPPA S/O. ABBAIAH AGED ABOUT 66 YEARS 4. SRI. S. JAYARAM S/O. LATE MUNISUBBAIAH AGED ABOUT 72 YEARS PETITIONERS NO. (1) TO (4) ARE R/AT JAKKUR VILLAGE YELAHANKA HOBLI BENGALURU NORTH TALUK BENGALURU-560 064.
THE PETITIONERS NO.(1) TO (4) ARE REP. BY THEIR POWER OF ATTORNEY HOLDER SRI. LOKESH T.L. S/O. LAKSHMAPPA AGED ABOUT 45 YEARS R/AT NO.79, 2ND MAIN ROAD 2ND CROSS ROAD BASAVA SAMITI LAYOUT VIDYARANYAPURA BENGALURU-560 092. ... PETITIONERS (BY SRI ZULFIKIR KUMAR SHAFI, ADV.) AND:
1. GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU-560 001 REPRESENTED BY ITS CHIEF SECRETARY.
2. GOVERNMENT OF KARNATAKA DEPARTMENT OF YOUTH EMPOWERMENT AND SPORTS VIKASA SOUDHA BENGALURU-560 001 REPRESENTED BY ITS SECRETARY.
3. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT K.G. ROAD BENGALURU-560 009.
4. THE DIRECTOR AND CHIEF FLYING INSTRUCTOR GOVERNMENT FLYING TRAINING SCHOOL JAKKUR, BENGALURU-560 092.
5. THE ASSISTANT COMMISSIONER BENGALURU NORTH SUB-DIVISION K.G. ROAD BENGALURU-560 009.
6. THE TAHSILDAR BANGALORE NORTH TALUK YELAHANKA BENGALURU-560 064.
7. THE LAND ACQUISITION OFFICER V.V. TOWER DR. AMBEDKAR VEEDHI BENGALURU-560 001. … RESPONDENTS (BY SRI Y.D. HARSHA, A.G.A.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO TAKE DECISION OF EXCHANGE OF LAND OF THE PETITIONERS AS CONSENTED BY THEM IN THE MEETING PROCEEDINGS DATED 08.09.2017 VIDE ANNEXURE-E WHEREIN THE PETITIONERS HAVE AGREED TO EXCHANGE THEIR LAND OF AN EXTENT OF 10 ACRES 23 GUNTAS IF THE GOVERNMENT IS READY TO GIVE ALTERNATIVE LAND EQUIVALENT TO THE VALUE OF THE PETITIONERS’ LAND I.E., 15 ACRES OF LAND IN THE PROXIMITY OF JAKKUR AERODROME OR IN ITS SURROUNDINGS AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Zulfikir Kumar Shafi, learned counsel for petitioners. Sri Y.D. Harsha, learned Additional Government Advocate for respondent Nos.1 to 7.
The writ petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition under Articles 226 and 227 of the Constitution of India, the petitioners inter alia seek a writ of mandamus directing the respondents to take a decision with regard to exchange of land of the petitioners as consented by them in the proceedings held on 08.09.2017 contained in Annexure-E within a time bound manner.
3. When the matter was taken up for consideration today, learned counsel for the petitioners submitted that, even though a decision has been taken to exchange the land of the petitioners in the meeting which was held on 08.09.2017, yet, till today, no action has been taken and the writ petition be disposed of with a direction to the Competent Authority to take a suitable action in accordance with law in the light of the decision taken in the meeting held on 08.09.2017.
4. On the other hand, Sri Y.D. Harsha, learned Additional Government Advocate for the respondents submits that suitable action in accordance with law shall be taken.
5. In view of the submissions made and in the facts of the case, the writ petition is disposed of with the direction to the Competent Authority to consider and decide the issue with regard to exchange of land of the petitioners in the light of the decision taken in the meeting dated 08.09.2017 by a speaking order within a period of three months from today. 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 ST