Karnataka High Court
Putani vs The Principal Secretary on 15 June, 2022
Bench: Suraj Govindaraj
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WP No.11606/2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JUNE 2022
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 11606/2022 (LA-RES)
BETWEEN:
PUTANI
W/O LATE RAMESH
AGED ABOUT 54 YEARS
R/O NAGENAHALLI VILLAGE
SHANTHIGRAMA HOBLI
ALUR TALUK
HASSAN DISTRICT - 573 201 ...PETITIONER
(BY SRI GIRISH B BALADARE, ADVOCATE)
AND:
1. THE PRINCIPAL SECRETARY
DEPARTMENT OF REVENUE
STATE OF KARNATAKA
VIDHANA SOUDHA
BANGALORE - 560 001
2. THE SPECIAL LAND ACQUISITION OFFICER
HEMAVATHI IRRIGATION PROJECT II
Digitally signed OFFICE AT DEPUTY COMMISSIONERS
by POORNIMA
SHIVANNA OFFICE BUILDING
Location: HIGH
COURT OF HASSAN - 573 116 ...RESPONDENTS
KARNATAKA
(BY SRI B.V.KRISHNA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION OR
ORDER TO CONSIDER THE REPRESENTATION DATED 08.03.2022
(ANNEXURE-H) GIVEN TO THE SPECIAL LAND ACQUISITION OFFICER
AND DIRECT THE RESPONDENTS TO PAY THE ENHANCED
COMPENSATION.
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WP No.11606/2022
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT THROUGH VIDEO CONFERENCING
MADE THE FOLLOWING:
ORDER
1. Sri B.V.Krishna, learned AGA accepts notice for the
respondents.
2. The petitioner is before this Court seeking for the
following reliefs:
a) Issue writ of Mandamus or any other
appropriate writ, directions or order to
consider the representation that is Annexure-
'H' dated 08.03.2022 given to the Special
Land Acquisition Officer that is the
Respondent, and direct the Respondent to pay
the enhanced compensation in the interest of
justice and equity;
b) Grant such other relief's as this Hon'ble Court
deems fit in the facts and circumstances of the
case in the interest of justice and equity.
3. The petitioner claims to be the owner of the land in
Survey No.53/3 measuring 15 guntas situated at
Dummigere Village, Shanthigrama Hobli, Hassan Taluk
which has been acquired for the purpose of
Kaamasamudra Lift Irrigation Project. The compensation
which had been granted had been enhanced in respect of
another land looser in LAC No.74/2016 vide judgment
WP No.11606/2022
dated 01.02.2017. Hence, the petitioner submitted an
application in terms of Annexure-E on 23.03.2017. Since
no action was taken thereon, the petitioner submitted a
representation on 08.03.2022 as per Annexure-H, despite
which no action has been taken and the compensation is
not released in favour of the petitioner, as such the
petitioner is before this Court seeking for the aforesaid
reliefs.
4. It is rather shocking that an application submitted in the
year 2017 has not been considered by the respondents.
It is required that such applications are considered at the
earliest and necessary compensation be released to the
land looser in the event of any enhancement granted to
another land looser under the same notification.
5. The Principal Secretary, Department of Revenue is
directed to ascertain number of such applications pending
and instruct the concerned to take immediate action as
regards all such applications which are pending.
6. Insofar as the present case is concerned, respondent
No.2 is directed to consider the application at Annexure-E
WP No.11606/2022
and the representation at Annexure-H within a period of
eight weeks from the date of receipt of a copy of this
order.
7. The petition stands disposed of.
8. Though the above petition is disposed of, re-list on
04.07.2022 to report compliance of the directions in
paragraph No.5 above.
Sd/-
JUDGE
KSR
