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.30252-30253 OF 2019 (LA-KIADB) BETWEEN:
1. Sri Siddalingaiah S/o. Rudrappa, Aged about 53 years, R/at. Kambalu Village, Sompura Hobli, Nelamangala Taluk, Bangalore Rural District.
2. Sri Chandrashekaraiah S/o. Nanjappa, Aged about 32 years, R/at. Kambalu Village, Sompura Hobli, Nelamangala Taluk, Bangalore Rural District.
(By Sri S.G.Hegde, Advocate) AND:
1. The State of Karnataka By its Secretary to Department of Industries and Commerce, M.S.Building, Bangalore – 01 … Petitioners 2. The Karnataka Industrial Area Development Board, No.49, Khanija Bhavana, East Wing, 5th Floor, Racecourse Road, Bangalore – 01.
3. The Spl. Land Acquisition Officer Office No.2, The Karnataka Industrial Area Development Board, No.49, Khanija Bhavana, East Wing, 5th Floor, Racecourse Road, Bangalore – 01.
4. Smt. Siddagangamma D/o. Chikkahonnappa, R/at. Baragenhalli Village & Post, Sompura Hobli, Nelamangala Taluk, Bangalore Rural District – 562 123.
5. Smt.Sarojamma W/o. B.C.Savandaradhya, Aged about 70 years, 6. Sri Bhramarakumara S/o. B.C.Savandaradhya, Aged about 55 years, 7. Sri Guru Mallikarjun S/o. B.C.Savandaradhya, Aged about 52 years, 8. Chandrakala D/o.B.C.Savandaradhya, Aged about 50 years, 9. Sri Nagendra Prasad S/o.B.C.Savandaradhya, Aged about 45 years, Respondents No.5 to 9 are R/at. Shivagange Village, Sompura Hobli, Nelamangala Taluk, Bangalore Rural District – 562 123.
… Respondents (By Sri E.S.Indiresh, AGA for R1;
Sri P.V.Chandrashekar, Adv for R2 & 3) - - -
These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to call for records from R-2 and 3; direct the R-3 to refer the matter for deciding the right, title and interest of petitioners and R-4 to 9 in respect of compensation amount awarded for Sy.No.14/2B measuring 2 acres 08 guntas situated at Baragenahalli Village, Sompura Hobli, Nelamangala Taluk, Bangalore Rural District, acquired by him to the competent Civil Court/Authority under the Land Acquisition Act and etc., These Petitions coming on for Orders this day, the court made the following:-
ORDER Sri S.G.Hegde, learned counsel for the petitioners.
Sri E.S.Indiresh, learned Additional Government Advocate for respondent No.1.
Sri P.V.Chandrashekar, learned counsel for respondent Nos.2 and 3.
2. Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to respondent Nos.4 to 9.
3. In these petitions, the petitioners inter alia seek for a writ of mandamus directing respondent No.3 to refer the matter for deciding the right, title and interest of petitioners and respondent Nos.4 to 9 in respect of compensation amount awarded for Sy.No.14/2B measuring 2 acres 08 guntas situated at Baragenhalli Village, Sompura Hobli, Nelamangala Taluk, Bengaluru Rural District, acquired by him to the competent civil court/authority under the Land Acquisition Act, 1894.
4. When the matters were taken up today, learned counsel for the petitioners submitted that the writ petitions be disposed of with a liberty to the petitioners to submit a representation to the competent authority and the competent authority be directed to decide the same in accordance with law.
5. On the other hand, learned counsel for the respondent submitted that in case such a representation is made by the petitioners, the same shall be dealt with, in accordance with law.
6. In view of the submissions made and in the facts of the case, the writ petitions are disposed of with a liberty to the petitioners to give a representation to the competent authority within a period of two weeks from the date of receipt of a certified copy of the order which passed today and the same shall be decided by the competent authority in accordance with law by a speaking order within a period of two months from the date of receipt of such a representation.
7. In the meanwhile, it is directed that in case the amount in question has not already been disbursed, the same shall be disbursed.
8. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the writ petitions are disposed of.
Sd/- JUDGE PYR AAJ: W.P.Nos.30252-30253/2019 02.01.2020 ORDER ON I.A.1/2019 After hearing the learned counsel for the respondents and on perusal of I.A.1/2019, it is directed that in paragraph 7 of the order dated 24.07.2019 passed in W.P.Nos.30252-53/2019, after the word ‘same’, the word ‘not’ shall be read.
This order shall be read in conjunction with the order dated 24.07.2019 passed in W.P.Nos.30252- 53/2019.
Accordingly, I.A.1/2019 is disposed of.
Sd/- JUDGE RV