IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28th DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.5721-5723 OF 2018 (GM-RES) BETWEEN:
1. SRI G V KRISHNAMURTHY S/O LATE G. VENKATARAVANAPPA AGED ABOUT 86 YEARS R/AT VINAYAKA NAGAR GOWRIBIDANUR 561208.
2. SRI. G.K. SATHISH KUMAR S/O SRI. G.V. KRISHNAMURTHY AGED ABOUT 56 YEARS R/AT VINAYAKA NAGAR GOWRIBIDANUR 561 208.
3. SRI. G.K. RAMESH KUMAR S/O SRI. G.V. KRISHNAMURTHY AGED ABOUT 55 YEARS R/AT VINAYAKA NAGAR GOWRIBIDANUR 561 208.
(By MR.SRINIVAS G S, ADV. AND MR. M S RAJENDRA, ADV.) AND:
1. THE STATE OF KARNATAKA REP BY ITS SECRETARY DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT MULTISTORIED BUILDING BANGALORE 560 001.
… PETITIONERS 2. THE DEPUTY COMMISSIONER CHIKKABALLAPUR DISTRICT CHIKKABALLAPUR 562101.
3. THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT (C&B) K.R. CIRCLE BANGALORE - 560001.
4. THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT CHIKKABALLAPUR DISTRICT CHIKKABALLAPUR -562101.
5. THE ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT GAURIBIDANUR CHIKKABALLAPUR DISTRICT - 562101.
6. THE TAHSILDAR GAURIBIDANUR CHIKKABALLAPUR DISTRICT - 562101.
7. CHIEF OFFICER GAURIBIDANUR MUNICIPALITY CHIKKABALLPAUR DISTRICT - 562101.
… RESPONDENTS (By MR.Y D HARSHA, AGA FOR R-1 TO 6 , ADV.) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES … OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO COMPENSATE THE PETITIONERS FOR THE LOSS OF PROPERTY CONSIDERING THE CASE OF THE PETITIONERS REPRESENTATION DATED:4.4.2017 VIDE ANNEXURE-K, AS THE SAME AMOUNTS TO VIOLATION OF ARTICLE 300A OF THE CONSTITUTION OF INDIA; AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In these petitions, the petitioners inter alia seek for a direction to the respondents to compensate the petitioners for the loss of property considering the case of the petitioners representation dated 4.4.2017 vide Annexure-K, as the same amounts to violation of Article 300A of the Constitution of India.
2. After hearing the learned counsel for the parties and in view of the facts of the case, I deem it appropriate to dispose of the petitions with a direction that suitable action, if not already taken on the representation submitted by the petitioners, shall be taken in accordance with law by the competent authority by a speaking order within four months from the date of receipt of certified copy of the order passed today. It is made clear that this Court has not expressed any opinion on the merits.
Accordingly, the petitions are disposed of.
Sd/- JUDGE RV