IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11th DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.466 OF 2018 (LA-KIADB) BETWEEN:
SRI GOVINDAIAH SON OF LATE THIMMAIAH, AGED ABOUT 66 YEARS, RESIDING AT NIDUVANDA VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, PIN CODE 562111.
(By Mr. SIDDAMALLAPPA P M, ADV.) AND:
1. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO.3, 1ST CROSS, KHENY BUILDING, III FLOOR, GANDHINAGAR, BENGALURU 560009, BY ITS SECRETARY.
2. THE SPECIAL LAND ACQUISITION OFFICER … PETITIONER NO.3, 1ST CROSS KHENY BUILDING, III FLOOR GANDHINAGAR BENGALURU 560009.
3. THE TAHSILDAR NELAMANGALA TALUK, NELAMANGALA PIN CODE 562123.
… RESPONDENTS (By Mr. H L PRADEEP KUMAR, ADV. FOR R1 & 2, Mr. E S INDIRESH, AGA FOR R3) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO PASS AWARD TOWARDS ACQUISITION OF LAND BEARING SY NO.181 MEASURING 6 ACRES 27 GUTNAS INCLUDING KHARAB LAND MEASURING 1 ACRE 24 GUNTAS OF NIDUVANDA VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK AND ALSO DIRECT THE R-3 TO CONSIDER THE REPRESENTATION DTD:1.7.2014 GIVEN BY THE PETITIONER AS PER ANNEXURE-B WITHOUT FURTHER DELAY AND PASS SUITABLE ORDERS IN ACCORDANCE WITH LAW; AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Siddamallappa, learned counsel for the petitioner.
Mr.H.L.Pradeep Kumar, learned counsel for the respondent Nos.1 and 2.
Mr.E.S.Indiresh, learned Additional Government Advocate for the respondent No.3.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia seeks a writ of mandamus directing the respondents to pass award towards acquisition of land bearing Sy.No.181 measuring 6 acres 27 guntas including kharab land measuring 1 acre 24 guntas of Niduvanda Village, Sompura Hobli, Nelamangala Taluk and also to direct the respondent No.3 to consider the representation dated 01.07.2014 given by the petitioner as per Annexure-B without further delay and pass suitable orders in accordance with law.
4. When the matter was taken up today, learned counsel for the petitioner submits that the respondent No.3 be directed to consider the representation as per Annexure-B submitted by the petitioner in a time bound manner.
5. In view of the aforesaid submissions, the petition is disposed of with a direction to the respondent No.3 to consider the representation as per Annexure-B submitted by the petitioner, if not already considered, by a speaking order within two 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.
Sd/- JUDGE RV