Karnataka High Court
Malkangouda S/O Basanagouda vs The State Of Karnataka And Ors on 1 June, 2022
Bench: S.Vishwajith Shetty
1 W.P.No.200801/2022
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 01ST DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY
WRIT PETITION No.200801/2022 (LA-RES)
BETWEEN:
MALKANGOUDA
S/O BASANAGOUDA,
AGE: 45 YEARS,
OCC: AGRICULTURE,
R/O WARD NO.2, PATEL WADI,
SINDHANOOR,
DIST. RAICHUR-584127.
... PETITIONER
(BY SRI. AMRESH S.ROJA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF REVENUE,
M.S.BUILDING,
BANGALORE-560001.
REPRESENTED BY ITS SECRETARY.
2. THE DEPUTY COMMISSIONER,
RAICHUR-584101.
3. THE ASSISTANT COMMISSIONER,
LINGASUGUR,
DIST. RAICHUR-584 122.
4. THE TAHASILDAR,
SINDHANOOR, TQ. SINDHANOOR,
2 W.P.No.200801/2022
DIST. RAICHUR-584 108.
5. THE PRINCIPAL,
GOVERNMENT FIRST GRADE
DEGREE COLLEGE,
SINDHANOOR, DIST. RAICHUR.
... RESPONDENTS
(BY SRI. VEERANAGOUDA MALIPATIL, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT
IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE
WRIT OR DIRECTIONS, DIRECTING THE RESPONDENTS TO
CONSIDER THE REPRESENTATION DATED 18.01.2022 UNDER
ANNEXURE-M AND FURTHER DIRECT THE RESPONDENTS TO
COMPENSATE THE PETITIONER FOR TAKING POSSESSION OF THE
PROPERTY IN QUESTION OF THE PETITIONER AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The instant writ petition is filed by the petitioner
seeking a direction to the respondents to consider the
representation dated 18.01.2022 and to further direct the
respondents to compensate the petitioner for taking
possession of the property in question.
2. It is the case of the petitioner that he is the absolute
owner of the property bearing Sy.No.956/B measuring 11
guntas, which he has acquired under a gift deed dated
16.06.2009. The Government First Grade Degree College
allegedly forcibly took possession of the aforesaid property in
the year 2006 and grandfather of the petitioner herein had
filed O.S.No.237/2006 as against the said College and the
said suit was decreed and respondent No.2 herein was
directed to compensate the petitioner for illegally occupying
the property in question. Pursuant to the said judgment and
decree passed in O.S.No.237/2006, an order was passed by
the second respondent to acquire the property in question
and accordingly, a preliminary notification was also issued in
the year 2013. However, till date, the acquisition
proceedings have not reached the finality. It is under these
circumstances, the petitioner has given a representation on
18.01.2022 vide Annexure-M with a prayer to expedite the
acquisition proceedings and to grant adequate compensation
to him. It is the grievance of the petitioner that the said
representation has not been considered by the respondents
till date. Under the circumstances, he has approached this
court.
3. Learned HCGP, who appears for respondent Nos.1 to
4 submits that if reasonable time is granted to the competent
authority, the representation submitted by the petitioner vide
Annexure-M dated 18.01.2022 would be considered in
accordance with law and appropriate orders would be passed.
4. Having regard to the said submission, I am of the
considered view that the petition can be disposed of by
giving appropriate directions to the respondents. Accordingly
the following order:
The writ petition is allowed. A writ of mandamus is
issued directing respondent No.3/Assistant Commissioner to
consider the representation submitted by the petitioner vide
Annexure-M dated 18.01.2022 and pass appropriate orders
on the said application and take necessary steps for
expediting the acquisition.
It is made clear that the said exercise shall be done by
the third respondent/Assistant Commissioner as
expeditiously as possible but not later than a period of four
months from the date of receipt of a certified copy of this
order.
Sd/-
JUDGE
KNM/-
