Next > IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P. NO.32593/2019 (KLR-RR/SUR) BETWEEN:
1 . SHIVAMADAIAH S/O (LATE) REVANNA AGED ABOUT 41 YEARS.
2 . CHANDRASHEKARA S/O (LATE) REVANNA AGED ABOUT 43 YEARS.
3 . REVAMADIAH S/O (LATE) REVANNA AGED ABOUT 50 YEARS.
4 . SMT. KAVITHA WIFE OF (LATE) MUNIMADAIAH AGED ABOUT 46 YEARS.
5 . SMT. GALIHONNAMMA W/O (LATE) REVANNA AGED ABOUT 67 YEARS.
ALL ARE RESIDENTS OF CHIKKAGOWDANAPALYA KENGERI HOBLI, BANGALORE SOUTH TALUK, BENGALURU KARNATAKA.
...PETITIONERS (BY SRI. ABHINAY Y.T, ADVOCATE) AND:
1 . THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE 5TH FLOOR, MULTISTORIED BUILDING, 2ND STAGE DR. B.R. AMBEDKAR VEEDHI BENGALURU – 560 001.
2. THE THASILDAR BENGALURU SOUTH TALUK BENGALURU – 560 001.
(BY SRI. Y.D. HARSHA, AGA) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLED 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO CONSIDER THE APPLICATION DATED:08.02.2019 (ANNEXURE-B) AND PASS ORDERS RESTORING THE NAMES OF THE PETITIONERS TO AN EXTENT OF 1 ACRE 20 GUNTAS IN SURVEY NUMBER 93 OF HEMMIGEPURA VILLAGE, KENGERI HOBLI, BENGALURU SOUTH TALUK.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners are seeking for a writ of mandamus to be issued to second respondent to consider their application dated 08.02.2019–Annexure-B for restoring the names of petitioners in revenue records to an extent of 1 acre 20 guntas of Sy.No.93 of Hemmigepura Village, Kengeri Hobli, Bangalore South Taluk.
2. Land acquisition proceedings came to be initiated in respect of land bearing Sy.No.93 measuring 6 acres 32 guntas by Bangalore Development Authority (BDA). Acquisition proceedings came to be challenged before this Court in W.P.Nos.8595/2014 & 17087- 17090/2014 (LA-BDA). In said proceedings, respondents therein filed statement of objections, which indicated that supplementary award had been passed only in respect of 5 acres 12 guntas instead of 6 acres 32 guntas, which came to be considered and it was observed that land measuring 1 acre 20 guntas out of 6 acres 32 guntas had been left unacquired by virtue of supplementary award dated 11.07.2002 vide order dated 18.01.2019 – Annexure-A.
3. In this background, petitioners have submitted application for restoring their names in the revenue entries to the extent of 1 acre 20 guntas in respect of land bearing Sy.No.93 of Hemmigepura Village, Kengeri Hobli. On account of non consideration of said representation, petitioners are before this Court.
4. Having regard to the above facts, third respondent has to be directed to consider the representation of petitioners dated 08.02.2019- Annexure-B in accordance with law.
Hence, I proceed to pass the following:
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