The Competent Authority And vs Shri M Gopal
2023 Latest Caselaw 7212 Kant

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                                                    NC: 2023:KHC:36974-DB
                                                         WA No.869 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                          DATED THIS THE 11TH DAY OF OCTOBER, 2023
                                           PRESENT
                             THE HON'BLE MR. JUSTICE G.NARENDAR
                                              AND
                         THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
                             WRIT APPEAL NO.869 OF 2023 (LA-RES)
                   BETWEEN:

                   1.    THE COMPETENT AUTHORITY AND
                         ASSISTANT COMMISSIONER
                         MANAGALORE SUB DIVISION
                         D.K. DISTRICT, MANAGALORE-575001.

                   2.    THE NATIONAL HIGHWAYS AUTHORITY OF INDIA
                         DOOR NO.3-29, BETHEL
                         THARETHOTA, NEAR PUMPWELL (NH-66)
Digitally signed         MANAGALORE -575005
by RUPA V                REPRESENTED BY ITS DGM (TETCH)
Location: HIGH           AND PROJECT DIRECTOR.
COURT OF
KARNATAKA
                                                              ...APPELLANTS
                   (BY SRI. HANUMANTHA REDDY G, ADV.,)
                   AND:

                   1.    SHRI. M. GOPAL
                         S/O RAMAPPA KANAYA
                         AGED ABOUT 84 YEARS
                         R/O SOMA NIVAS, BANDYOD
                         MANGALPADY POST-671324
                         KASARGOD TALUK.

                   2.    SHRI. K.T. RAVISHANKAR
                         S/O LATE KRISHNAN
                         AGED ABOUT 63 YEARS
                         R/O KOTTAVALLAPILL HOUSE
                         KOODULU POST, ADKATHBAIL
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                               NC: 2023:KHC:36974-DB
                                    WA No.869 of 2023




     KASARAGOD-671121.

3.   SRI. ABDUL GAFOOR
     S/O AHMED
     AGED ABOUT 58 YEARS
     R/O AHABEE MANZIL
     NEAR MASZID, ADKATHABAIL VILLAGE AND POST
     KASARGOD TALUK-671121.

4.   SRI. A.A. MOHAMMAD AZARUDDIN
     S/O C. ABBAS
     AGED ABOUT 35 YEARS
     R/O SAFAMAHAL, OLD CHOORI
     KUDLU VILLAGE AND POST
     KASARGOD TALUK-671121.

5.   SRI. M.P NARAYANAN
     S/O T. KANNAN NAIR
     AGED ABOUT 65 YEARS
     R/O VAISHANKAMKARANDAKADU
     KASARGOD TALUK-671121.

6.   SMT. P.C. SHOBANA
     W/O M.P. NARAYANAN
     AGED ABOUT 65 YEARS
     R/O VAISHAKAMKARANDAKADU
     KASARGOD TALUK-671121.

7.   SRI. C. RAVIKUMAR KAMATH
     S/O LATE C. SUBHASCHANDRA KAMATH
     AGED ABOUT 42 YEARS
     R/O VENKATESHA NIVAS, PALLAM ROAD
     KASARGOD TALUK-671121.

8.   SRI. K.M. ABOOBAKER
     S/O MOIDEEN KUNHI HAJI
     R/O DELMA HOUSE, POST MUTHATHODY
     VIDYANAGAR VIA KASARAGOD TALUK AND
     DISTRICT-671123.

9.   THE GOVERNMENT OF INDIA
     MINISTRY OF ROAD TRANSPORT
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                                  NC: 2023:KHC:36974-DB
                                       WA No.869 of 2023




    AND HIGHWAYS
    REPRESENTED BY ITS SECRETARY
    TRANSPORT BHAVAN, 1
    SANSAD MARG, NEW DELHI-110001.

                                              ...RESPONDENTS
(BY SRI. SHANTHI BHUSHAN H, DSG FOR R9)


     THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO ALLOW THIS WRIT APPEAL AND
QUASH AND SET ASIDE THE COMMON JUDGMENT AND ORDER
DATED 03.02.2023 OF THE LEARNED SINGLE JUDGE IN WP
No.4348/2018 AND DISMISS THE WP No.4348/2018 IN THE
INTEREST OF JUSTICE AND EQUITY.


     THIS APPEAL COMING ON FOR PRELIMINARY HEARING,
THIS DAY, G.NARENDAR J., DELIVERED THE FOLLOWING:


                       JUDGMENT

Having heard the learned counsel for the appellants

and learned Deputy Solicitor General for respondent No.9

and having been pointed out that the learned Single Judge

has not appreciated the fact that the awards passed are

under the provisions of Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and

Resettlement Act, 2013, we are of the opinion that the

same could be redressed by way of review. In that view,

NC: 2023:KHC:36974-DB WA No.869 of 2023

we permit withdrawal of the writ petition with liberty to file

review, if so dissatisfied to file the writ appeal on the same

cause of action.

2. Accordingly, the writ appeal is disposed of as

withdrawn.

Sd/-

JUDGE

Sd/-

JUDGE

BSR