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.48507/2019 (LA – KIADB) BETWEEN:
SRI BYRAPPA S/O BYLAIAH @ BYLAPPA @ MARIBYLAIAH AGED ABOUT 68 YEARS R/AT No.186, BARAGENAHALLI VILLAGE SOMPURA HOBLI, NELAMANGALA TALUK BENGALURU RURAL DISTRICT KARNATAKA-562111. …PETITIONER (BY SRI VIJAYA KUMAR.K., ADV.) AND:
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA Dr. AMBEDKAR VEEDHI BENGALURU-560001.
2. THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD No.49, 4TH & 5TH FLOOR, EAST WING KHANIJA BHAVAN, RACE COURSE ROAD BENGALURU-560001.
REP. BY ITS CHIEF EXECUTIVE OFFICER & EXECUTIVE MEMBER.
3. THE SPECIAL LAND ACQUISITION OFFICER-2 THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, No.49 4TH & 5TH FLOOR, EAST WING KHANIJA BHAVAN, RACE COURSE ROAD BENGALURU-560001. …RESPONDENTS (BY SRI E.S.INDIRESH, AGA FOR R-1;
SRI GOPAL V. BILALMANE, ADV. FOR R-2 & R-3.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDERING THE REPRESENTATION OF THE PETITIONER DATED 25.07.2019 [ANNEXURE-A] AND PAY THE COMPENSATION/AWARD IN RESPECT OF THE LAND IN SY.NO.15 MEASURING 0.20 GUNTAS SITUATED AT BARAGENAHALLI VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK ACQUIRED AS PER FINAL NOTIFICATION DATED 31.08.2018 ISSUED BY THE RESPONDENT No.1 VIDE ANNEXURE-E.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner is before this Court seeking for a writ of mandamus to direct the respondents to consider the representation of the petitioner dated 25.07.2019 at Annexure-A and pay the compensation/award in respect of the land in Sy.No.15, measuring 0.20 guntas situated at Baragenahalli Village, Sompura Hobli, Nelamangala Taluk acquired as per the final notification dated 31.08.2018 issued by the respondent No.1.
2. The petitioner submits that pursuant to the Saguvali Chit (Grant Certificate in Form No.1) issued to the father of the petitioner and after his demise, the title and possession of the lands in question is with the petitioner. It is the grievance of the petitioner that though the name of the petitioner’s father was notified in the final notification issued under Section 28[4] of the KIADB Act since the revenue records are not mutated either in the name of the petitioner or his father, the respondent No.2 has issued a notice to the petitioner to submit the relevant documents in respect of the lands, the subject matter of the final notification dated 31.08.2018; the petitioner has given a representation as per Annexure-A along with the title deeds and in spite of the same, the respondent Nos.2 and 3 have failed to pay the compensation.
3. Learned counsel for the petitioner has placed reliance on the order of this Court dated 12.03.2018 in W.P.No.31764/2017 in support of his contention.
4. Having regard to the facts and circumstances of the case as aforesaid, this Court deems it appropriate to direct the respondent No.3 to consider the representation of the petitioner dated 25.07.2019 at Annexure-A and take a decision in accordance with law in an expedite manner in any event not later than four weeks from the date of receipt of certified copy of the order and is ordered accordingly.
With the aforesaid observations and directions, writ petition stands disposed of.
Sd/- JUDGE NC.