IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.18112 OF 2019 (LA-RES) BETWEEN:
Sri.G.H.Chennakesavaiah S/o late Channaiah, Aged 69 years, Residing at KHB colony, 206 B.H.Road, Gubbi Road, Tumkur District – 571 112.
(By Sri.Shashidhara H.N, Advocate) AND:
... Petitioner 1. The Special Land Acquisition Officer (SLAO), Competent Authority, NH 206, Bettashri Complex, Above Renuka Super Bazaar, I Floor, 60 Feet Road, Sapthgiri Extension, Tumkur – 571 112.
2. Smt.Lakshmidevamma, D/o late Thimmaiah, Aged 47 years, A.K.Colony, Karehalli, Nittur Hobli, Gubbi Taluk, Tumkur District – 571 112.
3. Smt.Chikkamma, D/o late Thimmaiah, Aged 40 years, A.K.Colony, karehalli, Nittur Hobli, Gubbi Taluk, Tumkur District – 571 112.
(By Sri.E.S.Indiresh, AGA for R1) ... Respondents This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondent No.1 to consider the representation dated 14.05.2018 vide Annexure-F and not to disburse the compensation amount to the respondent Nos.2 and 3 and etc.
This Writ Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri.Shashidhara H.N, learned counsel for the petitioner.
Sri.E.S.Indiresh, learned Additional Government Advocate for respondent No.1.
2. Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to the respondent Nos.2 and 3.
3. The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
4. In this petition, the petitioner inter alia seeks for a direction to respondent No.1 to consider the representation dated 14.05.2018 vide Annexure-F and not to disburse the compensation amount to respondent Nos.2 and 3.
5. 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 respondent No.1 to consider and decide the representation dated 14.05.2018 vide Annexure-F submitted by the petitioner in accordance with law. It is further submitted that till then the compensation be not disbursed in favour of respondent Nos.2 and 3.
6. On the other hand, learned Additional Government Advocate submitted that suitable action shall be taken in accordance with law.
7. 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.1 to consider and decide the representation submitted by the petitioner in accordance with law by a speaking order, after affording an opportunity of hearing to the petitioner, respondent Nos.2 and 3, within a period of three weeks from today.
8. Till the representation is decided by respondent No.1, the compensation, if not already disbursed, shall not be disbursed by respondent No.1 either to the petitioner or respondent Nos.2 and 3.
9. 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/-