IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.20279 OF 2017 (GM-TEN) BETWEEN:
SRI M N LOKESH S/O LATE M S NANJAPPA AGED ABOUT 56 YEARS, CLASS-1 CONTRACTOR R/AT 1ST CROSS, SRINAGAR BEHIND SRIRAJ THEATER, TUMKUR 572104.
(By MR.RAMESH K R, ADV.) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY PUBLIC WORKS DEPARTMENT, VIDHANASOUDHA BANGALORE 560001.
2. THE SECRETARY DEPARTMENT OF FOREST, GOVERNMENT OF KARNATAKA, VIKASA SOUDHA, BANGALORE 560001.
3. THE EXECUTIVE ENGINEER HEMAVATHI CANAL DIVISION, TUMKUR 572101.
4. THE ASSISTANT EXECUTIVE ENGINEER NO.7, HEMAVATHI CANAL DIVISION, TUMKUR 572101.
… PETITIONER 5. THE RANGE FOREST OFFICER MAGADI RANGE, RAMANAGAR DISTRICT 562120.
… RESPONDENTS (By MR. VIJAY KUMAR A PATIL, AGA FOR R-1 TO 5 MR. K S BHEEMAIAH, ADV. FOR R-3 & 4) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-1 TO 4 TO PAY A SUM OF RS.60,00,000/- WITH INTEREST @ 12% P.A. FROM THE DATE OF HANDING OVER THE SITE FOR ERECTING PICKUP DAM NEAR TOOBINAKERE OF MAGADI TALUK AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Ramesh K.R., learned counsel for the petitioner.
Sri.Vijay Kumar A.Patil, learned Additional Government Advocate for the respondent Nos.1 to 5.
Sri.K.S.Bheemaiah, learned counsel for the respondent Nos.3 and 4.
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 for a direction to the respondent Nos.1 to 4 to pay a sum of Rs.60,00,000/- with interest @ 12% p.a. from the date of handing over the site for erecting Pickup Dam near Toobinakere of Magadi Taluk.
4. When the matter was taken up today, learned counsel for the petitioner submits that the petition be disposed of with a direction to the respondents to consider the claim of the petitioner.
5. In view of the aforesaid submissions, the petition is disposed of with a direction to the respondents to consider the claim of the petitioner, if not already considered, by a speaking order in accordance with law within a period of 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 petition is disposed of.
Sd/- JUDGE RV