IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.51549/2018 (LA - KIADB) BETWEEN SRI. YOGESH DEVADIGA, SON OF LATE HARIPRIYA DEVADIGA, AGED ABOUT 58 YEARS, RESIDING AT KUNDELU MANE, KALAVARU VILLAGE, SURATHKAL HOBLI, MANGALORE TALUK – 518 108.
... PETITIONER (BY SRI. BUDDHA MANDALA REDDY H.S., ADV., FOR SRI.P.M.SIDDAMALLAPPA, ADV.,) AND THE LAND ACQUISITION OFFICER, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, BYKAMPADY, MANGALORE – 578 108.
…RESPONDENT (BY SRI. ASHOK N NAYAK, ADV.,) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS TO THE LEARNED SR.CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, MANGALORE DISPOSE THE MAIN MATTER IN LAC NO.24/2009 OR TO CONSIDER THE APPLICATION FILED BY THE PETITIONER UNDER SEC.11 READ WITH SEC.151 OF CPC AT ANNEXURE – B.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri Buddha Mandela Reddy H.S., for Sri P.M.Siddamallappa, learned counsel for the petitioner.
Sri Ashok N. Nayak, learned counsel for respondent.
The petition is admitted for hearing. With the consent of the parties, it is heard finally.
2. In this petition, the petitioner inter alia is seeking a writ of Mandamus for directing the Chief Judicial Magistrate to dispose of LAC.No.24/2009 or to consider the application filed by the petitioner under Section 11 r/w. Section 151 of C.P.C. at Annexure ‘B’ on its merits immediately.
3. When the matter is taken up today, learned counsel for the petitioner submitted that the writ petition be disposed of with direction to the Chief Judicial Magistrate to dispose of the main matter i.e., LAC.No.24/2009 in time bound manner.
4. Learned counsel for the respondent does not oppose the same.
5. In view of the aforesaid submissions and in the facts of the case, petition is disposed of with a direction to the Chief Judicial Magistrate to dispose of LAC No.24/2009 expeditiously, inasmuch as within a period of six months from the date of receipt of the certified copy of the order passed today.
6. Accordingly, writ petition is disposed of.
Sd/- JUDGE nvj