Dismissed

Tayappa Ramappa Lamani v. the Government of Karnataka

Karnataka HC21 Jun 2021WP/108070/2016

Case brief

AI extract

What is this about?

This judgment dismisses two writ petitions filed under Articles 226 and 227 of the Constitution of India. The acquiescence of the petitioner, evidenced by receiving compensation and filing a reference application, resulted in a dismissal of the petitions challenging land acquisition notifications.

What did the court decide?

The writ petitions are dismissed as the petitioner is deemed to have given up the right to challenge the notification. No separate relief is granted.

Tayappa Ramappa Lamani Vs the Government of Karnataka — Land Acquisition | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 21^ST DAY OF JUNE 2021

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BEFORE

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THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD

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WRIT PETITION NO.109947/2015 (LA-RES) C/W WRIT PETITION NO.108070/2016 (LA-RES)

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IN W.P.NO.109947/2015 (LA-RES)

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BETWEEN :

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SHRI TAYAPPA S/O RAMAPPA LAMANI, AGE : 68 YEARS, OCC: AGRICULTURE, C/O PANDURANG T.LAMANI PLANT NO.123G, WARD NO.10, NEAR HANUMAN TEMPLE, RAILWAY STATION AREA, BAGALKOT, TQ. & DIST: BAGALKOT-587103. (BY SRI S.D.RATHOD, ADV.)

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... PETITIONER

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AND :

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THE STATE OF KARNATAKA, REPREESENTED BY CHIEF SECRETARY OF GOVERNMENT REVENUE DEPARTMENT, BANGALURU BAHUMAHADIGAL KATTAD, (M.S.BUILDING) BANAGALURU-01.

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THE SPECIAL DEPUTY COMMSSIONER (GM) LAND ACQUISITION, REHABILITATION AND RESETTLEMENT OFFICER UKP, BAGALKOT, TQ AND DIST : BAGALKOT-587103.

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THE SPECIAL LAND ACQUISITION OFFICER BVAGALKOT TOWN DEVELOPMENT AUTHORITY BAGALKOT, TQ : BAGALKOT,

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DIST : BAGALKOT587103

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THE PRESIDENT, BAGALKOT TOWN DEVELOPMENT AUTHORITY BAGALKOT. TQ AND DIST : BAGALKOT-587103.

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... RESPONDENTS

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(BY SMT.VIDYAVATI K, ADDITIONAL ADVOCATE GENERAL AND SRI VINAYAK S.KULKARNI, AGA FOR RESPONDENT NOS.1 & 2) (BY SRI ANAND R.KOLLI ADV. FOR R.3 & R.4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI THEREBY QUASHING THE ENTIRE PROCEEDINGS INITIATED BY IMPUGNED NOTIFICATIONS ISSUED BY RESPONDENT NO.2 DATED 30.11.2013 BEARING VI.BE BA/LAQ/CR/10-13-14 PRODUCED AT ANNEXURE-C AND NOTIFICATION BEARING NO.KRA.SAM/MA VYA/BHOO SWA I.B/C R-01/2015-16 DATED 22.05.2015 PRODUCED AT ANNEXURE-F TO THE WRIT PETITION, IN RESPECT OF THE PETITIONERS LAND BEARING R.SY.NO.148/3 AT SL.NO.27 INN THE SAID NOTIFICATION, IN THE INTEREST OF JUSTICE AND EQUITY.

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IN W.P.NO.108070/2016 (LA-RES)

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BETWEEN :

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SHRI TAYAPPA S/O RAMAPPA LAMANI, AGE : 67 YEARS, OCC: AGRICULTURE, C/O PANDURANG T.LAMANI PLANT NO.123G, WARD NO.10, NEAR HANUMAN TEMPLE, RAILWAY STATION AREA, TALUK : BAGALKOT, DIST: BAGALKOT.

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... PETITIONER

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(BY SRI VEERABHADRA R.SHIVANGOL, ADV.)

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AND :

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THE GOVERNMENT OF KARNATAKA, MINISTRY OF REVENUE, GOVERNMENT OF KARNATAKA, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY TO GOVERNMENT , REVENUE DEPARTMENT, BANGALURU, VIKAS SOUDHA, AMBEDKAR VEEDHI, BANAGALURU-560001.

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THE DEPUTY COMMISSIONER, BAGALKOT DISTRICT, MINI VIDHAN SOUDHA, NAVANAGAR BAGALKOT, TALUK: BAGALKOT. DISTRICT : BAGALKOT.

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... RESPONDENTS

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(BY SMT.VIDYAVATI K, ADDITIONAL ADVOCATE GENERAL AND SRI VINAYAK S.KULKARNI, AGA FOR RESPONDENTS)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING/STRIKING DOWN THE ENDORSEMENT BEARING NO.RB/LND/CR-7/13-14 DATED 14.10.2015 ISSUED BY THE 2^ND RESPONDENT PRODUCED AT ANNEXURE-C IN THE INTEREST OF JUSTICE AND EQUITY.

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THESE WRIT PETITIONS COMING ON FOR HEARING ON I.A, THIS DAY, THE COURT MADE THE FOLLOWING:

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: ORDER :

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Smt.Vidyavati K., Additional Advocate General, appearing for respondent Nos.1 & 2 submits that, as per the notification, the Land Acquisition Officer has passed an award in respect of the acquired land. The petitioner has received the compensation amount on 22.03.2017 and he has filed reference application under Section 18(1) of the Land Acquisition Act, 1894 read with Section 24(1A) & 64(1) of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 on

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08.03.2017. Hence the petitioner has given up his right to challenge the preliminary notification issued under the Act.

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In view of the submission made by the learned Additional Advocate General and since the petitioner has given up his right to challenge the notification by withdrawing award amount, the above writ petitions stand dismissed.

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Sd/JUDGE

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Tayappa Ramappa Lamani v. the Government of Karnataka

Case brief

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Tayappa Ramappa Lamani v. the Government of Karnataka

Case brief

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