IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.29224 OF 2019(LA-KIADB) BETWEEN:
Sri.B.R.Ashwathaiah S/o Late D.Rudraiah, Aged about 54 years, R/at. Billinakote Village, Sompura Hobli, Nelamangala Taluk, Bengaluru Rural District.
(By Sri.S.G.Hegde, Advocate) AND:
1. The State of Karnataka By its Secretary to Department of Industries and Commerce, M.S.Building, Bengaluru – 560 001.
2. The Karnataka Industrial Area Development Board, No.49, Khanija Bhavana, East Wing, 5th Floor, Racecourse Road, Bengaluru – 01.
3. The Spl. Land Acquisition Officer Office No.2, … Petitioner Karnataka Industrial Area Development Board, No.49, Khanija Bhavana, East Wing, 5th Floor, Racecourse Road, Bengaluru – 01.
4. Sri.Banuprakash B.S S/o Late Subramanyachar Y.S, Aged about 47 years, R/of 5/32, 2nd ‘D’ Main, 60 feet Road, Bhoopasandra, RMV 2nd Stage, Bengaluru – 94.
(By Sri.E.S.Indiresh, AGA for R1;
…Respondents Sri.P.V.Chandrashekar, Advocate for R2 and R3) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondent No.3 to refer the matter for deciding the right, title and interest of petitioner and respondent No.4 in respect of compensation amount awarded for Sy.No.7 measuring 4 acres 12 guntas situated at Billinakote Village, Sompura Hobli, Nelamangala Taluk, Bengaluru Rural District, acquired by him to the competent civil court/authority under the Land Acquisition Act and etc.
This Writ Petition coming on for Orders, this day, the Court made the following:-
ORDER Sri.S.G.Hegde, learned counsel for the petitioner.
Sri.E.S.Indiresh, learned Additional Government Advocate for respondent No.1.
Sri.P.V.Chandrashekar, learned counsel for respondent Nos.2 and 3.
2. Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to the respondent No.4.
3. In this petition, the petitioner inter alia seeks for a writ of mandamus directing respondent No.3 to refer the matter for deciding the right, title and interest of petitioner and respondent No.4 in respect of compensation amount awarded for Sy.No.7 measuring 4 acres 12 guntas situated at Billinakote Village, Sompura Hobli, Nelamangala Taluk, Bengaluru Rural District, acquired by him to the competent civil court/authority under the Land Acquisition Act.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petition be disposed of with a direction to the respondents to consider and decide the representation submitted by the petitioner at Annexure-Q in accordance with law.
5. On the other hand, learned Additional Government Advocate submitted that suitable action shall be taken in accordance with law.
6. In view of the submissions made and in the facts of the case, the writ petition is disposed of with a direction to respondent No.3 to consider the representation submitted by the petitioner in accordance with law by a speaking order within a period of two months from the date of receipt of certified copy of the order passed today.
7. In the meanwhile, it is directed that in case the amount in question has not already been disbursed, the same shall not be disbursed.
8. 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 dn/-