IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.566/2019 (LA-RES) BETWEEN Sri. Vinod Kumar K S/o late Sri A.D.Kumaraswamy, Aged about 64 years, Residing at No.106, Wheelers Road, Coxtown, Bengaluru – 560 005. …Petitioner (By Sri D.N.Manjunath, Advocate) AND Deputy Commissioner Land Acquisition Office (Road widening), N.R.Square, Bengaluru – 560 001. …Respondent (GA – Served) This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to issue a Writ of Mandamus by way of a directions to the Hon’ble 2nd Additional Civil and Sessions Judge & Special Judge, City Civil Court, Bengaluru – CCH-17 to dispose off the entire proceedings in LAC No.43/2016 pending on the file of the Hon’ble Authority as expeditiously as possible and within a specific time frame work as per Section 60(4) of Right to Fair Compensation & Transparency in Land Acquisition Rehabilitation & Resettlement Act, 2013.
This writ petition coming on for Preliminary Hearing this day, the court made the following:-
ORDER The short grievance of the petitioner is against the lingering pendency of case in LAC No.43/2016 in Reference Court now pending on the file of the learned II Additional Civil and Sessions Judge & Special Judge, City Civil Court, Bengaluru – CCH-17.
2. Sri Dildar Shiralli, learned High Court Government Pleader having accepted notice for the respondent submits that the case in reference is of 2016 and that there are many other older cases and therefore, ordinarily this Court will not direct the reference Court to give preference to the case of the petitioner, unless some extraordinary circumstances are pointed out.
3. The learned counsel for the petitioner has produced a few judgments of this Court wherein also the petitioner was a party; he submits that the petitioner has spent a lot of time and money, in the litigation process and therefore, that itself constitutes a special circumstance to have his case preferably treated at the hands of the Reference Court. There is force in the submission.
4. In the above circumstances, this writ petition succeeds in part; a Writ of Mandamus issues to the Court of learned II Additional Civil and Sessions Judge & Special Judge, City Civil Court, Bengaluru – CCH-17 to take up LAC No.43/2016 on priority basis and to dispose off the same within an outer limit of six months after a copy of this judgment is produced.
No costs.
Sd/- JUDGE KPS