IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.49925/2019 (LA – RES) BETWEEN:
1 . SRI. NAGARAJE GOWDA S/O SRI SHETTY GOWDA AGED ABOUT 70 YEARS 2 . PUTTASWAMY GOWDA S/O SRI GIDDE GOWDA AGED ABOUT 60 YEARS 3 . MALIGE GOWDA S/O SRI GIDDE GOWDA AGED ABOUT 80 YEARS 4 . RAJE GOWDA S/O SRI SANNE GOWDA AGED ABOUT 70 YEARS 5 . APPANNA GOWDA S/O SRI GIDDE GOWDA AGED ABOUT 66 YEARS 6 . RANGASWAMY S/O SRI KALE GOWDA AGED ABOUT 58 YEARS 7 . KALLE GOWDA S/O NANJE GOWDA AGED ABOUT 58 YEARS 8 . PUTTARAJE GOWDA S/O LAKKANNA GOWDA AGED ABOUT 70 YEARS 9 . PUTTARAJU S/O MALI GOWDA AGED ABOUT 59 YEARS 10 . KEMPE GOWDA S/O PUTTE GOWDA AGED ABOUT 82 YEARS 11 . NANJE GOWDA S/O LAKKANNA GOWDA AGED ABOUT 52 YEARS 12 . THAYAMMA W/O PUTTARAJU, AGED ABOUT 60 YEARS 13 . LAKSHMAMMA W/O ANNAPPA, AGED ABOUT 70 YEARS 14 . MANJAMMA W/O K.P. ANNAYYA, AGED ABOUT 65 YEARS 15 . RANGAMMA W/O PUTTE GOWDA AGED ABOUT 75 YEARS 16 . R.GIDEDE GOWDA S/O RANGE GOWDA AGED ABOUT 80 YEARS 17 . INDRAPPA S/O GIDDE GWODA AGED ABOUT 50 YEARS 18 . SHIVANNA S/O NANJE GOWDA AGED ABOUT 64 YEARS 19 . RAVI S/O ANNAPPA AGED ABOUT 48 YEARS 20 . SHANKARE GOWDA S/O MALIGE GOWDA AGED ABOUT 54 YEARS 21 . KUMARA S/O ANNAPPA AGED ABOUT 55 YEARS 22 . RAMESHA S/O ANNAPPA, AGED ABOUT 49 YEARS 23 . VASANTHA S/O SHANKRE GOWDA, AGED ABOUT 45 YEARS 24 . GIDDAMMA W/O ANNAPPA GOWDA, AGED ABOUT 40 YEARS 25 . RENUKAMMA W/O SHRINIVASA, AGED ABOUT 38 YEARS 26 . K.M.MALLESHA S/O MALIGE GOWDA, AGED ABOUT 55 YEARS 27 . NAGAMMA W/O GIDDE GOWDA, AGED ABOUT 75 YEARS 28 . KUNARAIAH S/O PUTTAIAH, AGED ABOUT 60 YEARS 29 . DEVAMMA W/O KUNARAIAH, AGED ABOUT 54 YEARS 30 . VASANTHA W/O MANJAIAH, AGED ABOUT 36 YEARS 31 . SHOBHA.S.S W/O KRISNE GOWDA, AGED ABOUT 45 YEARS 32 . M.PARWATHAMMA W/O NANJAPPA, AGED ABOUT 80 YEARS 33 . K.G. ASHOK KUMAR S/O GOWDE GOWDA, AGED ABOUT 43 YEARS 34 . K.N. GIDDE GOWDA S/O NANJE GOWDA, AGED ABOUT 55 YEARS 35 . GIDDAMMA W/O GIDDE GOWEDA, AGED ABOUT 60 YEARS 36 . DYOVAMMA W/O. K.G. PUTTE GOWDA, AGED ABOUT 70 YEARS 37 . SANNE GOWDA S/O. KARI GOWDA, AGED ABOUT 79 YEARS 38 . RAJE GOWDA S/O. KARI GOWDA, AGED ABOUT 70 YEARS 39 . HANUMAHAIA S/O. PUTTAHAIA AGED ABOUT 75 YEARS 40 . JAVARAMMA W/O. RANJE GOWDA, AGED ABOUT 70 YEARS 41 . MANJUNATH S/O. KRISHNA GOWDA, AGED ABOUT 40 YEARS 42 . MANJE GOWDA S/O. NIRAVANI GOWDA, AGED ABOUT 67 YEARS 43 . K.N.GANADAR S/O. NIRAVANI GOWDA AGED ABOUT 67 YEARS 44 . MUTHE GOWDA S/O. NIRAVANI GOWDA, AGED ABOUT 67 YEARS 45 . JAYALAKSHMI W/O. PUTTASWAMY, AGED ABOUT 42 YEARS 46 . SWAMY GOWDA S/O. MALIGE GOWDA, AGED ABOUT 45 YEARS 47 . LAKKAHIAH S/O. KORIYEYYA, AGED ABOUT 52 YEARS 48 . MANJULA W/O. JAVURDHAIAH, AGED ABOUT 35 YEARS 49 . SHIVAMMA W/O RAJAHAIA AGED ABOUT 55 YEARS 50 . MARIYAMMA W/O PAPAHAIA AGED ABOUT 55 YEARS 51 . SHANTHAMMA W/O LAKKAHAIAH AGED ABOUT 45 YEARS 52 . JAVARAYYA S/O YALLAYYA AGED ABOUT 80 YEARS 53 . LAKSHMAIAH S/O KARIYAYYA AGED ABOUT 50 YEARS 54 . SANNATHIMMAHAIA S/O CHANNAPUTTAHAIA AGED ABOUT 70 YEARS 55 . JAYAMMA W/O LAKSHMAHAIA AGED ABOUT 45 YEARS 56 . DEVAMMA W/O VENKATTAYYA AGED ABOUT 75 YEARS, 57 . CHANDRANNA S/O. KALLAYYA, AGED ABOUT 55 YEARS, 58 . KALLAYYA S/O. PUTTAIAHA, AGED ABOUT 70 YEARS, 59 . GOWRAMMA W/O. DODDATHIMMAIAHA, AGED ABOUT 70 YEARS, 60 . DODDATHIMMAHAIA S/O. CHANNPUTTAHAIAH, AGED ABOUT 75 YEARS, 61 . SAVITHRAMMA W/O. SRINIVAS, AGED ABOUT 40 YEARS, 62 . NINGAMMA W/O. KUMARA, AGED ABOUT 45 YEARS, 63 . AMASAHAIA S/O. JAVARAHAIA, AGED ABOUT 72 YEARS, 64 . RANI W/O. RAMESHA, AGED ABOUT 35 YEARS, 65 . CHIKKAMMA W/O. GOWDE GOWDA, AGED ABOUT 65 YEARS, 66 . CHIKKAMMA W/O. GOWDE GOWDA, AGED ABOUT 65 YEARS, 67 . GOWRAMMA W/O. SWAMY, AGED ABOUT 45 YEARS, 68 . JAYAMMA W/O RANGAHAIA, AGED ABOUT 60 YEARS, 69 . THIRUMALABHAIA W/O THIMMAHAIA, AGED ABOUT 35 YEARS, 70 . NANJAHAIA S/O KARIYAYYA, AGED ABOUT 68 YEARS, 71 . GANGAMMA W/O NANJAHAIA, AGED ABOUT 60 YEARS, 72 . LAKSHMAHAIA S/O KORIYAHAIA, AGED ABOUT 35 YEARS, 73 . VENKATAHAIA S/O AMASAHAIA, AGED ABOUT 45 YEARS, 74 . K.S.GIDDE GOWDA S/O SHIVANNA, AGED ABOUT 40 YEARS 75 . K.S.MANJE GOWDA S/O SHIVANNA, AGED ABOUT 40 YEARS, 76 . K.N.RAJU S/O NANJE GOWDA, AGED ABOUT 60 YEARS, 77 . H.S.NAGERAJU S/O SANNAPPA, AGED ABOUT 62 YEARS, 78 . H.S.RANGA SWAMI S/O SANNAPPA, AGED ABOUT 68 YEARS, 79 . THAMMANNA GOWDA S/O ANNE GOWDA, AGED ABOUT 62 YEARS, 80 . MARI GOWDA S/O LAKKANNA GOWDA, AGED ABOUT 55 YEARS, 81 . K.G.RANGANATHA S/O GIDDE GOWDA, AGED ABOUT 55 YEARS, 82 . NANJE GOWDA S/O PUTTASWAMY GOWDA, AGED ABOUT 54 YEARS, 83 . SHRINIVASA S/O KEMPE GOWDA, AGED ABOUT 47 YEARS, 84 . THAMMANE GOWDA S/O MALIGE GOWDA, AGED ABOUT 52 YEARS, ALL ARE R/O KYATHANAHALLI HOLENARASIPURA TALUK HALLEKOTE HOBLI HOLENARASIPURA TALUK-573211. …PETITIONERS (BY SRI GANESHA B.R., ADV. FOR SRI RAJARAM SOORYAMBAIL, ADV.) AND:
1 . THE SPECIAL LAND ACQUISITION OFFICER HEMAVATHI RESERVOID PROJECT II OFFICE AT DEPUTY COMMISSIONER OFFICE BUILDING, HASSAN-573201 2 . REGIONAL COMMISSIONER HIGH POWER COMMITTEE HUNSUR ROAD, MYSORE-570001 3 . EXECUTIVE ENGINEER KAVERI NEERAVARI NIGAMA HEMAVATHI BALADANDE NAALE DIVISION HOLENARASIPURA HASSAN-573211 4 . DEPUTY COMMISSIONER HASSAN, OFFICE AT DEPUTY COMMISSIONERS OFFICE BUILDING, HASSAN-573116 …RESPONDENTS (BY SRI E.S.INDIRESH, AGA FOR R-1, R-2 & R-4; SRI K.S.BHEEMAIAH, ADV. FOR R-3.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS TO THE RESPONDENT AUTHORITIES TO CONSIDER THE REPRESENTATION SUBMITTED BY THE PETITIONERS HEREIN DATED 28.05.2019 AND 29.11.2010 VIDE ANNEXURES A AND B.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioners have sought for a writ of mandamus to direct the respondent authorities to consider the representations submitted by the petitioners dated 28.05.2019 and 29.11.2010 at Annexures-A and B respectively inter alia seeking for a direction to assess the quantum of damages caused due to seepage effect to the house properties of the petitioners in accordance with law.
2. Learned counsel for the respondents have no objections to consider the representations in accordance with law.
3. In view of the aforesaid, the respondent Nos.3 and 4 are directed to consider the representations submitted by the petitioners dated 28.05.2019 and 29.11.2010 at Annexures-A and B respectively, in accordance with law and take a decision in an expedite manner in any event not later than eight weeks from the date of receipt of certified copy of the order and is ordered accordingly.
Writ petition stands disposed of in terms of the above, subject to payment of Court fees by all the petitioners.
Sd/- JUDGE NC.