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Karnataka High Court

Channappa vs The State Of Karnataka on 7 November, 2022

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                         -1-




                                                               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)
                                -2-




                                         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