Disposed

Shivamurthi Ningappa Kamati v. the Special Land Acquisition Officer

Karnataka HC25 Sept 2021WP/101988/2017

Case brief

AI extract

What is this about?

Petitioners sought mandamus to release land acquisition compensation. The High Court of Karnataka directed respondents to consider a pending representation and pass orders within three months without examining merits.

What did the court decide?

Directed respondents to consider the representation dated 20.11.2015 and pass appropriate orders within three months.

Shivamurthi Ningappa Kamati Vs the Special Land… — Land Acquisition | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 25^TH DAY OF SEPTEMBER, 2021

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BEFORE

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THE HON’BLE MR.JUSTICE S.R. KRISHNA KUMAR

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W.P. No.101988/2017 AND W.P.NO.103172/2017 (LA-RES)

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BETWEEN:

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SHIVAMURTHI NINGAPPA KAMATI, @ PASAPPAGOL, AGE: 55 YEARS, OCC: AGRICULTURE, R/O: REHABILITATION CENTRE YAMAKANMARADI, TQ: HUKKERI, DIST: BELAGAVI.

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MALLAPPA APPANNA KAMATI, @ PASAPPAGOL, AGE: 76 YEARS, OCC: AGRICULTURE, R/O: REHABILITATION CENTRE HATTARAGI. TQ: HUKKERI, DIST: BELAGAVI.

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IRAPPA BALAPPA KAMATI, @ PASAPPAGOL, AGE: 70 YEARS, OCC: AGRICULTURE, R/O: YARAGATTI, TQ: HUKKERI, DIST: BELGAVI.

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…PETITIONERS

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(BY SRI. SHIVARAJ S.BALLOLI, ADVOCATE)

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AND:

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THE SPECIAL LAND ACQUISITION OFFICER, HIDKAL DAM PROJECT, HIDKAL DAM, TQ: HUKKERI, DIST: BELGAVI.

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THE DEPUTY COMMISSIONER, BELAGAVI. DIST: BELAGAVI.

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THE CHIEF SECRETARY, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BANGALORE.

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…RESPONDENTS

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(BY SRI. V S.KALASURMATH, HCGP)

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THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE NOTICE DATED 20.11.2015 VIDE ANNEXURE-C AND FORTHWITH RELEASE THE COMPENSATION AMOUNT TO THE PETITIONERS IN RESPECT OF THEIR ACQUIRED LANDS WITH INTEREST TILL THE DATE OF DISBURSEMENT, TO MEET THE ENDS OF JUSTICE AND EQUITY & ETC.

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THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT, MADE THE FOLLOWING:

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ORDER

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In these writ petitions, the petitioners have sought for the

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following reliefs.

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i. Issue writ of mandamus directing the respondents to consider the notice dated 20.11.2015 vide Annexure-C and forthwith release the compensation amount to the petitioners in respect of their acquired lands with interest till the date of disbursement, to meet the ends of justice and equity & etc.

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Though several contentions are urged by the petitioners in

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support of their claim, having regard to the specific assertions on the part of the petitioners that their representation at Annexure-C dated 20.11.2015 has not been considered by the respondents and no orders have been passed so far, without

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expressing any opinion on the merits/demerits of the rival contentions, I deem it just and proper to dispose of these writ petitions directing the concerned respondents/authorities to consider the said representation, if not already considered, in accordance with law, within a period of three months from the date of receipt of a copy of this order. Ordered accordingly.

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SD JUDGE

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Shivamurthi Ningappa Kamati v. the Special Land Acquisition Officer

Case brief

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Shivamurthi Ningappa Kamati v. the Special Land Acquisition Officer

Case brief

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