Karnataka High Court
Shri Srinivas Mohan Adopted Father ... vs The State Of Karnataka on 26 November, 2021
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 26TH DAY OF NOVEMBER 2021
BEFORE
THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA
WRIT PETITION NO.148074/2020 (LA RES)
BETWEEN:
SHRI SRINIVAS @ MOHAN
ADOPTED FATHER SWAMYRAO NADIGER,
AGE: 59 YEARS, OCC: ADVOCATE,
R/O: HOUSE NO.52,
SILVER PARK DEVANGPETH ROAD,
HUBBALLI-23, DIST: DHARWAD.
...PETITIONER
(BY SRI SHRIKANT T. PATIL AND ROHIT S.PATIL, ADVOCATES)
AND :
1. THE STATE OF KARNATAKA
R/BY CHIEF SECRETARY,
M.S. BUILDING, BENGALURU.
2. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT CORPORATION,
"SAMPARKA SOUDHA" SURVEY NO.8,
BPP PREMISES OPPOSITE ORION MALL
DR.RAJKUMAR ROAD, RAJAJI NAGAR,
FIRST BLOCK, BENGALURU-10.
3. THE EXECUTIVE ENGINEER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., PLANNING OFFICE,
GOKUL ROAD, HUBBALLI-30..
.....RESPONDENTS
:2:
(BY SRI V.S.KALASURMATH, HCGP FOR RESPONDENT NO.1)
(BY SRI C.V.ANGADI, ADVOCATE FOR RESPONDENT NOS.2 AND 3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
MANDAMUS DIRECTING RESPONDENT NOS.2 AND 3 TO
CONSIDER THE REPRESENTATIONS SUBMITTED BY THE
PETITIONER DATED 30.10.2019 AND 10.06.2020 VIDE
ANNEXURES-Q AND T RESPECTIVELY AND PASS NECESSARY
ORDERS IN THE ENDS OF JUSTICE.
THIS PETITION COMING ON FOR PRELIMINARY HEARING B
GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this writ petition, the petitioner is seeking for issuance of a direction to respondent Nos.2 and 3 to consider his representations dated 30.10.2019 and 10.06.2020, which have been produced at Annexures-Q and T respectively.
2. By Annexures-Q and T, the petitioner is calling upon the respondent Nos.2 and 3 to pay the compensation in respect of the lands which have been acquired by it on the ground that the properties belongs to his father and he would be entitled to the compensation.
3. When a claim for compensation in respect of acquired land is made by a person claiming to be the land loser the acquiring authority is legally obliged to consider the :3: same. I therefore, direct the respondent Nos.2 and 3 to consider the representations Annexures-Q and T within a period of three months from the date of receipt of a copy of this order.
SD JUDGE CKK