1. Heard learned counsel for the petitioner and learned
Additional Government Advocate for respondents.
2. The petitioner is before this Court under Articles
B) Issue a writ in the nature of mandamus,
directing the respondents to initiate the acquisition
proceedings and pay the damages and compensation by
considering the representation dated 01.03.2025 vide
Annexure-L.
C) Issue such other writ or order or direction as
this Honourable court deems just and proper in
circumstances of the case and allow this writ petition".
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3. Mother-in-law of the petitioner, Smt. Savaramma,
who was the absolute owner in possession of the property
bearing Survey No.12 measuring 2 acres 35 guntas, Survey No.
13 measuring 2 acres 30 guntas, and Survey No.16 measuring
00-27 guntas, had approached this Court in WP No.200697 of
2022 seeking a writ of mandamus directing the respondents
therein to initiate acquisition proceedings in respect of the
aforesaid land and pay damages / compensation to her. The
said writ petition was disposed of by this Court by order dated
07.06.2022 with permission to the petitioner namely Smt.
Savaramma to submit a fresh representation along with
necessary documents seeking necessary relief from the
respondents with regard to acquisition, payment of damages
and compensation etc. in respect of her lands, which were
utilized by the respondents for the purpose of forming a road.
It appears that subsequently on 01.07.2024, vide order at
Annexure - K, the representation submitted by Smt.
Savaramma was rejected by respondent no.4.
4. Smt. Savaramma had therefore filed Civil Contempt
Petition No.200236 of 2023 before this Court alleging that the
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order passed by respondent no.4 in WP No.200697 of 2022
dated 07.06.2022 was not complied. In the said proceedings,
the aforesaid order passed by respondent no.4 dated
01.07.2024 was produced contending that the order passed in
WP No.200697 of 2022 was complied.
5. The Division Bench of this Court taking into
consideration that Smt. Savaramma had not submitted
representation to the State Government pursuant to the order
passed in WP No.200697 of 2022, while disposing of CCC
No.2000236 of 2023, permitted Smt. Savaramma to submit a
fresh representation to the State Government. In paragraph
nos.3 and 4 of the order passed in CCC No.200236 of 2023, the
Division Bench of this Court had observed as follows:-
"3. However, we find that the representations are
given to the Deputy Commissioner and the Executive
Engineer of Raichur. The learned Single Judge has noticed
in Para 5 of the order that in the second suit filed by the
petitioner in O.S.No.28/2011 claiming the damages from
the respondents, the suit was dismissed on the ground
that the petitioner has an alternative remedy against the
Government to seek compensation and damages. Despite
such observations, representations are given only to the
Deputy Commissioner and the Executive Engineer who do
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not have the power to consider such representation
seeking acquisition of land and for payment of
compensation. Such power of eminent domain to acquire
lands by issuing notification lies only with the State
Government.
4. In that view of the matter, we close the
contempt petition while granting liberty to the petitioner
to give proper representation to the State Government for
acquisition of the lands and for payment of compensation
and damages".
6. Since Smt. Savaramma had died during the
pendency of the contempt proceedings, petitioner who is her
daughter-in-law had submitted representation at Annexure - L
dated 01.03.2025 before respondent no.1 herein with copies to
the other respondents. It appears that considering the said
representation, respondent no.1 has issued a communication
on 05.03.2025 vide Annexure - P to respondent no.3 - Deputy
Commissioner to take appropriate action on the representation
of the petitioner at Annexure - L dated 01.03.2025. The
grievance of the petitioner is that till date the concerned
authorities have not acted upon her representation at Annexure
- L dated 01.03.2025. It is under these circumstances, she is
before this Court.
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7. Learned Additional Government Advocate submits
that the representation of the petitioner at Annexure - L shall
be considered by the competent authorities in the light of the
orders passed by this Court in WP No.200697 of 2022 disposed
of on 07.06.2022 and the order passed by the Division Bench of
this Court in CCC No.200236 of 2023 disposed of on
20.11.2024 and pass appropriate orders in accordance with law
shall be passed, if some reasonable time is granted.
8. The said submission is placed on record.
9. In view of the aforesaid, the order at Annexure - K
dated 01.07.2024 issued by respondent no.4 needs to be
formally quashed while directing the respondents no.1 and 3 to
consider the representation of the petitioner at Annexure - L
dated 01.03.2025 afresh, in the light of the observation made
herein above.
10. Accordingly, the following:-
ORDER
i) Writ petition is allowed.
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ii) The impugned endorsement at Annexure - K dated
01.07.2024 issued by respondent no.4 is quashed
and the respondent nos.1 and 3 are directed to
consider the representation of the petitioner at
Annexure -L dated 01.03.2025 and pass appropriate
orders on the same in accordance with law, as
expeditiously as possible, but not later than a period
of four months from the date of receipt of copy of
this order.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
NMS/List No.: 1 Sl No.: 17
