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.26829 OF 2018 (LA-RES) BETWEEN:
Sri. Hanumanthegowda, Son of Rangegowda, Aged about 60 years, Residing at Hoovanahally Village, Kasaba Hobli, Hassan Taluk and District – 573 201.
…Petitioner (By Sri. H. S. Buddha Mandela Reddy, Advocate for Sri. P. M. Siddamallappa, Advocate) AND:
1. The State of Karnataka, Represented by its Principal Secretary, Department of Revenue, M. S. Building, Bengaluru – 560 001.
2. The Deputy Commissioner, Hassan District, Hassan – 573 201.
3. The Special Land Acquisition Officer, H.R.P.-2, Hassan – 573 201.
… Respondents (By Sri. E. S. Indiresh, AGA for R1–R3) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the 3rd respondent to pay the enhanced compensation on the light of the judgment pronounced by this Hon’ble Court in M.F.A.No.5160/2007 as per Annexure – C.
This Writ Petition coming on for Orders, this day, the Court made the following:-
ORDER Sri. H. S. Buddha Mandela Reddy, learned counsel for Sri. P. M. Siddamallappa, learned counsel for the petitioner.
Sri. E. S. Indiresh, learned Additional Government Advocate for respondent.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, the petitioner inter alia has prayed for a writ of mandamus directing respondent No.3 to pay the enhanced compensation in the light of the judgment passed by this Court in MFA No.5160/2007.
3. When the matter was taken up today, learned counsel for the petitioner submitted that with regard his grievance, the petitioner be granted liberty to submit a fresh representation to the competent authority and the aforesaid authority be directed to consider the same in the light of the judgment passed in MFA No.5160/2007.
4. In view of the aforesaid submission and in the facts of the case, the petition is disposed of with a direction to the competent authority that in case the petitioner files a representation within a period of three weeks from today, the competent authority shall decide the same in accordance with law by a speaking order in light of the judgment passed in MFA No.5160/2007.
5. It is made clear that this Court has not expressed any opinion on the merits of the case.
6. Accordingly, the petition is disposed of.
Sd/- JUDGE Mds/-