IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.11327-331 OF 2018 & WRIT PETITION NO.11368 of 2018 c/w WRIT PETITION NOS.11666-670 OF 2018 & WRIT PETITION NOS.11794-795 OF 2018 (LA-RES) WRIT PETITION NOs.11327-331 OF 2018 & WRIT PETITION NO.11368 of 2018 BETWEEN:
1. SRI.RAVIKUMAR S/O KALAYA AGED 40 YEARS 2. SRI.MADAYYA S/O HARADAYYA AGED ABOUT 48 YEARS 3. SMT.SANNAMMA W/O LATE KALAYYA AGED ABOUT 65 YEARS 4. SRI.NATARAJ @ VISWANATH T.N. S/O LATE NANJUNDEGOWDA AGED 38 YEARS 5. SMT.PUTTAMMA W/O LATE JAVAREGOWDA AGED 70 YEARS 6. SRI.NAGARAJE GOWDA S/O LATE LAKAPPAGOWDA AGED 60 YEARS.
(BY MR.RAJARAM SOORYAMBAIL, ADV.) … PETITIONERS AND:
1. THE STATE OF KARNATAKA REP. BY ITS UNDER SECRETARY DEPARTMENT OF REVENUE (LAND ACQUISITION 1 AND 3) M.S.BUILDING AMBEDKAR VEEDHI BENGALURU – 01.
2. THE SPECIAL LAND ACQUISITION OFFICER, HEMAVATHI IRRIGATION PROJECT-II OFFICE AT DEPUTY COMMISSIONER’S OFFICE BUILDING HASSAN – 573 116.
3. KAVERI NEERAVARI NIGAMA ANAND RAO CIRCLE BANGALORE – 560 001.
REP. BY ITS MANAGING DIRECTOR.
4. REGIONAL COMMISSIONER HIGH POWER COMMITTEE HUNSUR ROAD MYSORE – 570 001. REPRESENTED BY ITS PRESIDENT.
5. DEPUTY COMMISSIONER OFFICE AT DEPUTY COMMISSIONERS OFFICE BUILDING HASSAN – 573 116.
… RESPONDENTS (BY MR.S.S.INDIRESH AGA R1, R2, R4 & R5 MR.M.R.C.RAVI ADV. FOR R3 ) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO DISPOSE OF THE APPLICATIONS FILED BY THE PETITIONERS DATED 17.07.2017 VIDE ANNEXURE-B AND C AND PASS APPROPRIATE ORDERS THEREON, IN ACCORDANCE WITH LAW.
WRIT PETITION NOS.11666-670 OF 2018 & WRIT PETITION NOS.11794-795 OF 2018 BETWEEN 1. SMT.NINGAMMA W/O LATE SAAKAYYA AGED 75 YEARS 2. SRI.RANGAYYA S/O LATE GOVINDAIAH AGED 55 YEARS 3. SMT.SAROJAMMA W/O LATE DODDEGOWDA AGED 65 YEARS 4. SMT.DODDAMMA W/O LATE JAVARE GOWDA AGED 65 YEARS 5. SMT.MANJULA W/O CHIKKE GOWDA AGED ABOUT 45 YEARS 6. SRI.T.P.RAVIKUMAR S/O LATE PUTTEGOWDA AGED 45 YEARS 7. SRI.CHANDRE GOWDA S/O LATE SANNASWAMY GOWDA AGED ABOUT 55 YEARS ALL ARE RESIDING AT TYAVADAHALLI VILLAGE HOLENARSIPURA TALUK HASSAN DISTRICT – 573 211.
(BY SRI.RAJARAM SOORYAMBAIL, ADV.) AND 1. THE STATE OF KARNATAKA REP. BY ITS UNDER SECRETARY DEPARTMENT OF REVENUE …PETITIONERS (LAND ACQUISITION 1 AND 3) M.S.BUILDING AMBEDKAR VEEDHI BENGALURU – 01.
2. THE SPECIAL LAND ACQUISITION OFFICER, HEMAVATHI IRRIGATION PROJECT – II OFFICE AT DEPUTY COMMISSIONER’S OFFICE BUILDING HASSAN – 573 116.
3. KAVERI NEERAVARI NIGAMA ANAND RAO CIRCLE BANGALORE – 560 001.
REP. BY ITS MANAGING DIRECTOR 4. REGIONAL COMMISSIONER HIGH POWER COMMITTEE HUNSUR ROAD MYSORE – 570 001. REPRESENTED BY ITS PRESIDENT.
5. DEPUTY COMMISSIONER OFFICE AT DEPUTY COMMISSIONERS OFFICE BUILDING HASSAN – 573 116.
…RESPONDENTS (BY SRI.E.S.INDIRESH AGA FOR R1, R2, R4 & R5 SRI.M.R.C.RAVI ADV. FOR R3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA WITH PRAYER TO QUASH THE ORDER DATED 24.11.2012 PASSED BY THE 1ST RESPONDENT VIDE ANNEXURE-A.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The writ petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
2. Learned counsel for the parties jointly submit that the controversy involved in these petitions are squarely covered by order dated 18.08.2018 passed in W.P.Nos.28555-559/2018.
3. In view of the aforesaid submissions and for the reasons assigned in the aforesaid order, these writ petitions are disposed of on the following terms:
The aforesaid observations squarely apply to the present case also. In the circumstances, the impugned order dated 24.11.2012 is quashed. The respondents-authorities are directed to consider the applications or representations filed by the petitioners herein dated 17.07.2017 vide Annexure ‘B’ and ‘C’ in accordance with law in light of the reports already submitted by the respective and take action accordingly.
Accordingly, the writ petitions are disposed of.
Sd/- JUDGE SS