Karnataka High Court
Bhagyamma vs The Deputy Commissioner on 10 November, 2022
Bench: S.R.Krishna Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION No.19685/2022 (LA-RES)
BETWEEN:
1. BHAGYAMMA
W/O MANJEGOWDA
(MANCHE GOWDA)
AGED ABOUT 56 YEARS
R/AT MANCHANAHALLI VILALGE
HARADNAHALLI DAKALE
(HARKANAHALI DAKALE)
HASSAN TQ
HASSAN DISTRICT -573 201
2. SRI KARIGOWDA
S/O THIMMEGOWDA
AGED ABOUT 70 YEARS
R/O HARALAHALLI VILLAGE
KASABA HOBLI, HASSAN TQ
HASSAN DISTRICT- 573 201
3. SRI.KUMARA
S/O LT. RAMEGOWDA
AGED ABOUT 45 YEARS
R/A MANCHANAHLLI VILLAGE
J.K. KERE POST, KASABA HOBLI
HASSAN TQ -573 201
4. SMT.RADHA
W/O K.S. MOHAN
AGED ABOUT 42 YEARS
R/O KELAGANNE
BASAGHAI, BASAKAL
CHICKMAGALURU- 577 101
2
5. SRI.NAGARAJAU
S/O LT.RAMEGOWDA
AGED ABOUT 39 YEARS
HANDIKERE, KASABA HOBLI
HASSAN TQ -573 201
6. LAKSHMAMMA
W/O RAMEGOWDA
AGED ABOUT 50 YEARS
R/OF MANCHANAHALLI VILLAGE
J.K.KERE POST, KASABA HOBLI
HASSAN TQ -573 201
7. SMT.ROJA @ MAMATHA
W/O M.R.DINESH
D/O LT.RAMEGOWDA
AGED ABOUT 35 YEARS
R/O NEAR KIADB CIRCLE
H.N.PURA ROAD, NAGATHAVALLI
HOSAKOPALU POST
HASSSAN TQ AND DSIT -573 201
8. SMT.LAKSHAMMMA
W/O HANUMEGOWEDA
AGED ABOUT 64 YEARS
R/O HARDANAHALLI VILLAGE
HANDINAKERE DAKALE
KASABA HOBLI
HASSAN TQ AND DSIT -573 201
9. SRI.LAKSMEGOWDA
S/O RANGEGOWDA
AGED ABOUT 64 YEARS
R/O HARDANAHALLI VILLAGE
HANDINAKERE DAKALE
KASABA HOLBLI
HASSAN TQ AND DIST- 573 201
10 . RANGAMMA
W/O LT.THIMMEGOWDA
AGED ABOUT 74 YEARS
3
R/A HARALAHALLI VILLAGE
HANDINAKERE DAKALE
KASABA HOBLI
HASSAN TQ AND DIST- 573 201
11 . A.KAMALAMMA
W/O LATE KALEGOWDA
AGED ABOUT 71 YEARS
12 . B.MANJUANTH
S/O LT.KALEGOWDA
AGED ABOUT 41 YEARS
13 . C.PUTTARAJU
S/O LT.KALEGOWDA
AGED 39 YEARS
PETITIONERS 11 TO 13 ARE
R/AT AREKALLU HOSAHALLI VILLAGE
KASABA HOBLI
HASSAN TALUK AND DIST -573 201
14 . SRI.GIDDAIAH
S/O LT.JUNJAIAH
AGED ABOUT 65 YEARS
R/O HARALAHALLI VILLGE
HANDINAKERE DAKALE
KASABA HOBLI
HASSAN TQ AND DIST- 573 201
15 . SRI C.N.PUNEETH
S/O LT.NAGARAJU
AGED ABOUT 34 YEARS
16 . SRI C.N.LOHITH
S/O LATE NAGARAJU
AGED ABOUT 32 YEARS
PETITIONERS 15 AND 16 ARE
R/AT CHIKKAKONDAGOLA
KOPPALU, KASABA HOBLI
HASSAN TALUK -573 205
4
17 . SRI.MANJEGOWDA K.P.
S/O LT. PUTTEGOWDA
AGED ABOUT 62 YEAS
R/O NAKALGODU KOPALU VILALGE
ALUR TQ, HASSAN DIST- 573 205
18 . SMT.YASHODHA
W/O H.M. RAMESH
D/O LT.DASEGOWDA
AGED ABOUT 57 YEARS
R/OF KAMADHENU NILAYA
GANESH ROAD, B.KTIHALLI KOPALU
ALUR TQ
HASSAN DSIT -573 205
19 . SRI.SOMEGOWDA
S/O KADEGOWDA
AGED ABOUT 67 YEARS
R/O KATIHALLI VILLAGE
KASAB HOBLI, ALUR TQ
HASSAND DISTRICT- 573 205
20 . DYAVAMMA
W/O THIMMEGOWDA
AGED ABOUT 77 EYARS
R/O BELUR ROAD, KASABA HOBLI
MANCHINAHALLI VILLAGE
HANDINAKERE, JODIHANDANKERE
ALUR, HASSAN -573 217
21 . KEMAPAMMA
W/O LT.EREGOWDA
AGED ABOUT 61 YEARS
R/O DYAVALAPURA VILLAGE
DUDDA HOBLI, HASSAN TQ
HASSAN DSIT -573 212
22 . SRI.CHANDRA
S/O L.T EREGOWDA
AGED ABOUT 54 YEARS
R/O AREKALLU HOSAHALLI VILLAGE
5
KASABA HOBLI
HANDINAKERE DAKALE
HASSAN TQ
HASSAN DIST -573 201
23 . GOWRAMMA
W/O LT. RAJEGOWA
AGED ABOUT 64 YEARS
R/O HUNASINAKERE VILLAGE
NEAR ANGANAVADI
VISHWANATHA NAGAR
HASSAN -573 201
24 . NAGARATHNA
W/O LT. RANGEGOWDA
AGED ABOUT 52 YEARS
25 . MOHAN
S/O LT. RANGEGOWDA
AGED ABOUT 35 YEARS
26 . MADHU @ MANI
S/O LT. RANGEGOWDA
AGED ABOUT 33 YEARS
27 . BHAVYA
D/O LT. RANGEGOWDA
AGED ABOUT 31 YEARS
28 . RAMAKRISHNE GOWDA
S/O LT.RANGEGOWDA
AGED ABOUT 41 YEARS
29 . SRINIVAS
S/O LT. RANGEGOWDA
AGED ABOUT 41 YEARS
30 . MANI
W/O LT.KUMARA
AGED ABOUT 47 YEARS
6
31 . VIVEK
S/O KUMARA
AGED ABOUT 24 YEARS
32 . VARSHA
D/O KUAMARA
AGED ABOUT 22 YEARS
PETITIONERS 28 TO 32 ARE
R/O MANICHANAHALLI VILLAGE
HANDINAKERE DAKALE
KASABA HOBLI, HASSAN TQ
HASSAN DIST -573 217
33 . GOWRAMMA
W/O LT.CHANDREGOWDA
AGED ABOUT 58 YEARS
34 . BALAKRISHNA
S/O LT.CHANDREGOWDA
AGED ABOUR 33 YEARS
35 . MANIKANTA
S/O LT.CHANDREGOWDA
AGED ABOUT 31 YEARS
36 . HEMAVATHI
D/O LT. CHANDREGOWDA
AGED ABOUT 35 YEARS
PETITIONERS 33 TO 36 ARE
R/AT A KATHIHALLI VILALGE
GANDHINAGAR
KASABA HOBLI
HASSAN TALUK -573 217
... PETITIONERS
(BY SRI A.C.BALARAJ, ADVOCATE)
AND:
1 . THE DEPUTY COMMISSIONER
HASSAN DISTICT
7
HASSAN -573 201
2 . THE SPECIAL LAND ACQUISITON
OFFICER
H.R.P.- 2
HASSAN -573 201
... RESPONDENTS
(BY SRI K.R.NITYANAND, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE
1ST RESPONDENT TO REFER THE APPLICATIONS FILED BY THE
PETITIONERS TO COMPETENT COURT/LAND ACQUISITION
COURT FOR DETERMINATION OF COMPENSATION, FORTHWITH
VIDE ANNEXURES-E AND E1 SERIES AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
In this petition, the petitioners have sought for the following
reliefs:
"i) Issue a writ in the nature of mandamus directing
the 1st respondent to refer the applications filed by the
petitioners to competent court/land acquisition court for
determination of compensation, forthwith vide Annexures-
E and E1 series;
ii) Issue a writ in the nature of mandamus directing
the respondents to pay enhanced compensation as
ordered by this Hon'ble Court in W.P.No.28448 of 2018
dt: 27.5.2022 and by taking into consideration of the
judgment passed in M.F.A. No.8760 of 2018, Dt:
24.9.2021 and M.S.A. No.200186/2019, Dt: 11.2.2021
and L.A.C. No.44 of 2016, dt: 2.11.2016 passed by the
learned Addl. Senior Civil Judge, Hassan vide Annexures-
C, A and B respectively.
iii) Issue such other writ, order or directions as deems
fit in the circumstances of the case and allow the above
writ petitions with costs, in the interest of justice and
equity. "
2. Heard learned counsel for the petitioners, learned
counsel for the respondents and perused the material on record.
3. It is the grievance of the petitioners that their
applications at Annexures - E & E1 series submitted to the
respondents have not been considered so far by the
respondents, nor any order has been passed on the same.
Under these circumstances, the petitioners are before this Court
by way of the present petition.
4. Per contra, learned counsel for the respondents submits
that if reasonable time is given, the respondents would consider
and pass necessary orders on the said applications.
5. In view of the aforesaid facts and circumstances and
rival submissions, the respondents are hereby directed to
address the grievances of the petitioners and consider their
applications at Annexures - E & E1 series and pass appropriate
orders in accordance with law and bearing in mind the orders
produced at Annexures - A to D, within a period of three months
from the date of receipt of a copy of this order.
With the aforesaid directions, the petition stands disposed
off.
SD/-
JUDGE
PKS
