Karnataka High Court
Channappa vs The State Of Karnataka on 7 November, 2022
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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WP No. 107746 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 7TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
WRIT PETITION NO. 107746 OF 2016 (LA-RES)
BETWEEN:
1. CHANNAPPA S/O SANGAPPA @ CHAYAPPA GUDAGUDI,
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O: KMP ROAD, SHETJI VATHARA,
TQ: BADAMI, DIST: BAGALKOT.
...PETITIONER
(BY SRI. JAGADISH PATIL, ADV.)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY, REVENUE DEPARTMENT,
VIDHAN SOUDHA, BANGALURU.
2. THE DEPUTY COMMISSIONER,
BAGALKOT.
Digitally
3. THE ASSISTANT COMMISSIONER AND
signed by
VISHAL
NINGAPPA
LAND ACQUISITION OFFICER,
VISHAL PATTIHAL
NINGAPPA Location:
BAGALKOT.
PATTIHAL Dharwad
Date:
2022.11.10
12:09:25
+0530
4. THE TAHASILDAR,
BAGALKOT.
5. THE CHIEF ENGINEER,
SOUTH WESTERN RAILWAY LINE,
(CONVERSION), KESHWAPUR ROAD, HUBLI,
DIST: DHARWAD.
...RESPONDENTS
(BY SRI.VINAYAK S KULKARNI, AGA FOR R1 TO R4;
SRI.MALLIKARJUN S HIREMATH, ADV. FOR R5)
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WP No. 107746 of 2016
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENT NO.3 TO AWARD COMPENSATION OF PETITIONER
LAND AS MENTIONED IN VIDE ANNEXURE-E REPRESENTATION
DATED:31.05.2016.
THIS PETITION COMING ON FOR PRELIMINARY HEARING B-
GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The prayer in this writ petition is for a direction to the 3rd respondent to consider the request of the petitioner to acquire his land and pay him compensation.
2. It is the case of the petitioner that the land of the petitioner has been acquired but no compensation is paid. The case of the Railways is that they have not acquired the lands in question.
3. Since the petitioner claims that his land has been acquired and compensation has not been paid, it would be appropriate to direct the 3rd respondent to consider the case of the petitioner and pass appropriate order within a period of -3- WP No. 107746 of 2016 three months from the date of receipt of copy of this order. Writ petition is accordingly disposed of.
SD/-
JUDGE KGK List No.: 2 Sl No.: 17