IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11th DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.41446-447 OF 2017 (LA-KHB) BETWEEN:
1. SRIMATI C YELAMMA W/O LATE NANJUNDAPPA, AGED ABOUT 70 YEARS RESIDING AT RAJAPURA VILLAGE, GIGANI HOBLI, ANEKAL TALUK, HENNAGERE POST, BANGALORE DISTRICT.
2. SRI.MUNIRAJU, S/O LATE M.MUNIYAPPA, AGED ABOUT 40 YEARS RESIDING AT RAJAPURA VILLAGE, GIGANI HOBLI ANEKAL TALUK, BANGALORE DISTRICT.
(By Mr. S RAMA MURTHY, ADV.) AND:
1. KARNATAKA HOUSING BOARD REPRESENTED BY THE COMMISSIONER, KAVERI BHAVAN, K.G.ROAD, GANDHINAGAR, BANGALORE-560 009.
2. STATE OF KARNATAKA REPRESENTED BY, THE PRINCIPLE SECRETARY, REVENUE DEPARTMENT, VIKASA SOUDHA, DR.AMBEDKAR VEEDHI, BANGALORE-560 001.
(By Mr. E S INDIRESH, AGA FOR R2, Smt. PUSHPAKANTHA, ADV. FOR R1) … PETITIONERS … RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 TO SEND A COMMUNICATION TO R-2 FOR DELETING THE ACQUIRED LANDS OF THE PETITIONERS VIZ., 19 GUNTAS OF THE FIRST PETITIONER AND 09 GUNTAS OF 2ND PETITIONER IN S.NO. 171 OF RAJAPURA VILLAGE FROM ACQUISITION IN RELATION TO WHICH S.6(1) NOTIFICATION DATED 7.2.2012 IS ISSUED AND PUBLISHED ON 1.3.2012 IN THE GAZETTE PURSUANT TO THE RESOLUTION OF THE FIRST RESPONDENT DATED 8.12.2016 AS COMMUNICATED THROUGH ANNEX-A AND B DATED 21.12.2016. AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.S.Rama Murthy, learned counsel for the petitioners.
Smt.Pushpakantha, learned counsel for the respondent No.1.
Mr.E.S.Indiresh, learned Additional Government Advocate for the respondent No.2.
2. The petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
3. In these petitions, the petitioners inter alia seek a direction to the respondent No.1 to send a communication to the respondent No.2 for deleting the acquired lands of the petitioners namely 19 guntas of the petitioner No.1 and 9 guntas of petitioner No.2 in Sy.No.171 of Rajapura Village from acquisition.
4. When the matter was taken up today, learned counsel for the petitioners submitted the respondent No.1 be directed to consider the representations of the petitioners at Annexures-C and D in a time bound manner.
respondent No.1 to consider the representations of the petitioners as per Annexures-C and D, if not already considered, in accordance with law by a speaking order within two months from the date of receipt of certified copy of the order passed today.
Sd/- JUDGE RV