Smt Jyoti W/O Sangappa Melligeri vs The State Of Karnataka
2022 Latest Caselaw 12422 Kant

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                                     WP No. 104060 of 2022



IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

      DATED THIS THE 13TH DAY OF OCTOBER, 2022

                         BEFORE
      THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA


      WRIT PETITION NO. 104060 OF 2022 (LA-RES)
BETWEEN:

1.   SMT JYOTI W/O SANGAPPA MELLIGERI
     AGE. 51 YEARS, OCC. HOUSEWIFE,
     R/O. EXTENSION AREA NEAR OLD DR. R T PATIL,
     HOSPITAL BAGALKOT.

2. SANJAY S/O SANGAPPA MELLIGERI
   AGE. 29 YEARS, OCC. AGRICULTURE,
   R/O. EXTENSION AREA NEAR OLD DR. R T PATIL,
   HOSPITAL BAGALKOT-587 101.
                                         ...PETITIONERS
     (BY SRI SRINIVAS B. NAIK, ADVOCATE)
AND:

1.   THE STATE OF KARNATAKA
     REPRESENTED BY IT SECRETARY,
     DEPARTMENT OF IRRIGATION,
     VIDHAN SOUDHA, BENGALURU 560001.

2.   THE MANAGING DIRECTOR
     KRISHNA BHAGYA JALA NIGAM LIMITED,
     BENGALURU-560 001.

3.   THE EXECUTIVE ENGINEER
     KRISHNA BHAGYA JALA NIGAM LIMITED,
     DAM DIVISION, ALMATTI-586 201.

4.   THE SPECIAL LAND ACQUISITION OFFICER
     NO. 1 UPPER KRISHNA PROJECT,
     NAVANAGAR, BAGALKOT-587 102.
                                         ...RESPONDENTS
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                                          WP No. 104060 of 2022



(BY SRI SHIVAPRABHU HIREMATH, AGA FOR RESPONDENT
NOS.1 AND 4)
(BY SRI CHETAN MUNNOLLI, ADVOCATE FOR RESPONDENT
NOS.2 AND 3)


      THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT OF CERTIORARI AND QUASH THE 4(1) NOTIFICATION
NO.VICIBHA/BHUSAW/SI6R/82/13-14           DATED     31/12/2013
ISSUED BY 4TH RESPONDENT VIDE ANNEXURE-C IN SO FAR
AS PETITIONER AS CONCERNED AND ISSUE A WRIT OF
MANDAMUS DIRECTING THE RESPONDENTS NO.1 TO 4 TO
INITIATE FRESH ACQUISITION PROCEEDINGS AND TO PAY THE
COMPENSATION AMOUNT AND DAMAGES TO THE PETITIONERS
WITH ALL CONSEQUENTIAL BENEFITS PURSUANT TO THE
POSSESSION OF LAND.


      THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:


                            ORDER

Prayer in this writ petition is to quash the notification

issued under Section 4(1) of the Land Acquisition Act and

for issuance of a mandamus to direct the respondents to

initiate fresh acquisition proceedings and to pay

compensation and damages to the petitioners.

WP No. 104060 of 2022

2. Learned counsel for petitioners relies upon

judgments rendered by this Court in Writ Petition

No.10855/2018 which was also followed in Writ Petition

No.108746/2018(LA-RES) and Writ Petition

No.108747/2018(LA-RES) and connected matters to

contend that the petitioners may be permitted to make a

representation, as had been permitted in the above

mentioned cases, and a direction be issued to the

authorities to consider the same in accordance to law

within a period of four weeks.

3. Since in similar cases this Court has already

permitted similarly placed persons from submitting

representations with all relevant documents and directing

the authorities to address the grievances and take

appropriate action in the matter, it would be not only be

just but also necessary to permit the petitioners herein

also to submit their representations highlighting their

grievances within a period of four weeks from today.

WP No. 104060 of 2022

4. On such representation being filed, the 4th

respondent shall consider the same and pass orders within

a period of two months thereafter.

Writ petition is accordingly allowed.

SD JUDGE

CKK