Karnataka High Court
Sri. Dattatraya Rao Elnoorkar Died By ... vs The State Of Karnataka And Ors on 25 February, 2022
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 25TH DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR.JUSTICE E.S.INDIRESH
WRIT PETITION No.226157/2020 (LA-RES)
BETWEEN:
SRI DATTATRAYA RAO ELNOORKAR
DIED BY LRS.,
1. MADAN RAO
S/O DATTATRAYA RAO ELNOORKAR
AGE: 67 YEARS,
OCC: AGRICULTURE & ADVOCACY.
1. MOHAN RAO
S/O DATTATRAYA RAO ELNOORKAR
AGE: 50 YEARS, OCC: AGRICULTURE,
BOTH R/O NEAR KRANTI GANESH MANDIR,
OUTSIDE SHAHA GUNJ, BIDAR-585401.
... PETITIONERS
(BY SRI HUSKE SURYAKANT, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH CHIEF SECRETARY,
VIDHANA SOUDHA,
BENGALURU-560001.
2. THE DEPUTY COMMISSIONER
BIDAR DISTRICT, BIDAR-585401.
2
3. THE COMMISSIONER
CITY MUNICIPAL CORPORATION,
BIDAR-585401.
4. THE COMMISSIONER
BIDAR URBAN DEVELOPMENT AUTHORITY,
NAWBAD, BIDAR-585401.
... RESPONDENTS
(BY SMT.MAYA T.R., HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
THE RESPONDENTS TO INITIATE THE PROCEEDINGS TO
ACQUIRE SHOPS BEARING NO.8-1-102 AND 8-1-103
CORRESPONDING TO NEW NO.8-1-181 AND 8-1-182, IN ALL
MEASURING 30 X 19 FEET, ALONG WITH KATTA, TOTALLY
MEASURING 570 SQUARE FEET, SITUATED AT OUTSIDE
SHAHAGUNJ AT BIDAR AND AWARD THE COMPENSATION
WITHIN A FIX TIME AS PER ANNEXURE-G AND ALTERNATIVELY
DIRECT THE RESPONDENTS TO ALLOT THE SPACE AVAILABLE
BY THE SIDE OF THE SHOP SITES IN LIEU OF COMPENSATION
FOR THE SHOPS ACQUIRED.
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
Smt. Maya T.R., learned High Court Government Pleader accepts notice for respondent Nos.1 and 2. Sri 3 Gourish S.Khashampur, learned counsel for the respondent No.3.
2. Though this writ petition is listed for Preliminary Hearing, by the consent of the parties, it is taken up for final disposal.
3. Heard the learned counsel appearing for the parties.
4. The short question involved in this writ petition is with regard to consideration of the representation of the petitioners dated 31.10.2007 at Annexure-F by the respondent No.2.
5. Having heard the learned counsel appearing for the parties, this Court is of the opinion that there is no impediment for the respondent-authorities to consider the representation of the petitioners in accordance with law.
6. Without expressing any opinion on the merits of the case, the writ petition is disposed of directing the respondent No.2 to consider the representation of the 4 petitioners within an outer limit of three months from the date of receipt of certified copy of this order.
7. The petitioners is permitted to file one more representation with all particulars relating to the claim made by the petitioners and the same shall be considered by the respondent No.2 in accordance with law.
Sd/-
JUDGE VNR