Karnataka High Court
Sri. Dyavegowda vs The Deputy Commissioner on 14 February, 2023
Bench: Krishna S.Dixit
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WP No. 3439 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 3439 OF 2023 (LA-RES)
BETWEEN:
1. SRI. DYAVEGOWDA
S/O LATE VENKATEGOWDA,
AGED ABOUT 76 YEARS,
RESIDENT OF MANACHANAHALLI,
MANCHANAHALLI VILLAGE,
HARADANAHALLI DAKALE,
(HARADANAHALLI DAKALE),
HASSAN TALUK ,
HASSAN DISTRICT - 573 201.
2. SRI. RAMESH,
S/O LATE REDDIGOWDA,
AGED ABOUT 63 YEARS,
3. SMT. SUMITHRA,
Digitally signed
by CHETAN B W/O LATE MANJEGOWDA,
C
Location: HIGH AGED ABOUT 43 YEARS,
COURT OF
KARNATAKA
BOTH ARE RESIDENTS OF
NEAR ALLANA COFFEE CURING WORKS,
KANCHANAHALLI VILLAGE,
SHANTHIGRAMA HOBLI, HASSAN TALUK ,
HASSAN DISTRICT - 573 201.
4. SMT. PUTTAMMA,
W/O LATE THIMMEGOWDA,
AGED ABOUT 88 YEARS,
RESIDENT OF MANACHANAHALLI,
MANCHANAHALLI VILLAGE,
HARADANAHALLI DAKALE,
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WP No. 3439 of 2023
(HARADANAHALLI DAKALE),
HASSAN TALUK , HASSAN DISTRICT - 573 201.
(NOTE: THE PETITIONERS ARE NOT CLAIMING
THE BENEFIT OF SENIOR CITIZEN)
(NOTE: THE PETITIONERS NO.2 AND 3 ARE NOT
SEEKING ANY INDIVIDUAL RELEIFS AND PAID ONE
SET OF COURT FEE).
...PETITIONERS
(BY SRI. BALARAJ A C.,ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER,
HASSAN DISTRICT,
HASSAN - 573 201.
2. THE SPECIAL LAND ACQUISITON OFFICER
H.R.P - 2, HASSAN - 573 201.
3. THE EXECUTIVE ENGINEER,
KAVERI NEERAVARI NIGAMA,
YAGACHI RESERVOIR PROJECT,
BELUR, BELUR TALUK,
HASSAN DISTRICT - 573 201.
...RESPONDENTS
(BY SRI.R SRINIVASA GOWDA, AGA FOR R1 & R2;
SRI. K S BHEEMAIAH,ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECTING THE R-1 TO REFER THE APPLICATIONS FILED BY
THE PETITIONERS TO COMPETENT COURT/LAND ACQUISITION
COURT FOR DETERMINATION OF COMPENSATION, FORTHWITH
VIDE ANNEXURE-E AND E1 SERIES AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 3439 of 2023
ORDER
The subject matter of this Writ Petition is
substantially similar to the one in W.P.No.23309/2022
between NAGARAJ AND OTHERS VS. DEPUTY
COMMISSIONER AND ANOTHER, disposed off by a
Coordinate Bench of this Court vide judgment dated
24.11.2022 and therefore, similar relief needs to be
accorded to his clients, argue counsel for the Petitioners.
2. Learned AGA appearing for the Respondents
having opposed the Petition, now submits that he would
instruct his client to look into the grievance of the
Petitioners for reference in the light of observations made
in NAGARAJ case supra, in accordance with law and within
a time bound manner. This is really appreciable.
3. The Division Bench 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 the
Court should treat like-cases alike and if relief is granted
WP No. 3439 of 2023
to a litigant, similar relief cannot be denied to other
similarly circumstanced litigant as well, there being no
derogatory circumstances.
In view of the above, Writ Petition is disposed off;
time for compliance is eight weeks, all contentions are
kept open.
No costs.
Sd/-
JUDGE
cbc
