Karnataka High Court
Rajaiah vs The Assistant Executive Engineer on 9 February, 2023
Bench: Krishna S.Dixit
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WP No. 1970 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 1970 OF 2023 (LA-RES)
BETWEEN:
1. RAJAIAH,
SON OF LATE PUTTAIAH,
AGED ABOUT 60 YEARS,
2. MEENAKSHI,
WIFE OF LATE RAJAIAH,
AGED ABOUT 43 YEARS,
BOTH ARE RESIDENTS OF KUPPAHALLY VILLAGE,
MIRLE HOBALI, KRISHNARAJANAGARA TALUK,
MYSORE DISTRICT - 571 603.
...PETITIONERS
(BY SRI. DHANANJAYA V S., ADVOCATE)
AND:
Digitally
signed by
CHETAN B C
Location: 1. THE ASSISTANT EXECUTIVE ENGINEER,
HIGH COURT
OF KAVERI NEERAVARI NIGAMA LTD.,
KARNATAKA
NO.4, H.R.B.C. SUB DIVISION,
DODDAKADANURU, HOLENARASIPURA TALUK,
HASSAN DISTRICT - 573 211.
2. THE EXECUTIVE ENGINEER,
H.R.B.C.KAVERI NEERAVARI NIGAM LTD.,
GORURU, ARAKALAGUDU TALUK,
HASSAN DISTRICT - 573 120.
3. THE SPECIAL LAND ACQUISTION OFFICER,
DEPUTY COMMISSIONER OFFICE,
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WP No. 1970 of 2023
1ST FLOOR, HASSAN,
HASSAN DISTRICT - 571 401.
4. DEPUTY COMMISSIONER,
MYSURU DISTRICT,
MYSURU - 570 001.
5. THE CHIEF ENGINEER,
KAVERI NEERAVARI NIGAM LTD.,
GORURU, ARAKALAGUDU TALUK,
HASSAN DISTRICT - 573 120.
6. THE CHIEF ADMINISTRATIVE OFFICER,
KAVERI NEERAVARI NIGAM LTD.,
ONTIKOPPALU, MYSORE - 570 002.
7. THE MANAGING DIRECTOR,
KAVERI NEERAVARI NIGAM LTD.,
ANANDARAO CIRCLE,
BANGALORE CITY - 560 009.
...RESPONDENTS
(BY SRI.K.S.BHEEMAIAH, ADVOCATE FOR R1, R2, R5 TO R7;
SRI.R.SRINIVASA GOWDA, AGA FOR R3 AND R4)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTIONS TO
THE R1 AND 2 TO SUBMIT THE PROPOSALS FOR THE PAYMENT
OF ALL KINDS OF COMPENSATIONS TO THE PETITIONERS IN
RESPECT OF THEIR LANDS, CROPS, HORTICULTURAL TREES
AND OTHER DAMAGES FROM THE DATE OF TAKING
POSSESSION OF THE LANDS IN WHICH WITHOUT
NOTIFICATIONS THE LANDS ACQUIRED AND POSSESSION
WAS TAKEN AS PER THE ANNEXURE - B TO B1 AND ETC.,
THIS W.P. COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The subject matter of this writ petition is
substantially similar to the one in W.P.No.1527/2023 (LA-
WP No. 1970 of 2023
RES) between PUTTALINGAIAH vs. THE ASSISTANT
EXECUTIVE ENGINEER & OTHERS disposed off by this
Court vide judgment dated 07.02.2023. The operative
portion reads as under:
" In view of the above, petition is disposed off
and time for taking decision on the subject
representation is eight weeks form the day a
copy of the judgment is produced. If delay is
brooked, the concerned respondent shall
personally pay to the petitioner Rs.2,000/- per
day."
Learned counsel for the Petitioners submits that his
clients also being similarly circumstanced, similar relief
need to be granted on the principle of parity.
2. The Division Bench decision of this court in
W.A.Nos.932-933/1974 between A.V.VINODA & ANOTHER
vs. STATE OF KARNATAKA BY ITS COMMISSIONER &
SECRETARY, disposed off on 11.12.1974, has held that
like cases should be treated alike and if relief is granted to
a litigant, it cannot be denied to other similarly
circumstanced litigants, subject to all just exceptions.
WP No. 1970 of 2023
In view of the above, writ petition is disposed off
directing respondent Nos.1, 2, 5 to 7 to consider & cause
to be considered Petitioners representation for payment of
compensation within a period of three months.
It is open to the answering Respondents to solicit any
information or documents from the side of Petitioners
subject to the rider that in the guise of such solicitation,
delay shall not be brooked.
All contentions are kept open.
Now, no costs.
Sd/-
JUDGE
DS
