Disposed

Labed Veerappa, Since Deceased by His Lrs v. the State of Karnataka

Karnataka HC21 Jun 2021WP/110553/2019

Case brief

AI extract

What is this about?

Single judge disposed of writ petition seeking directives to comply with acquisition proceedings before road widening. Court held respondents may form road on acquired lands without disturbing petition schedule property possession, allowing acquisition only if road formation is desired on petitioner's land.

What did the court decide?

Disposed with observation that respondents can form road on acquired lands without disturbing petition schedule property, subject to acquisition if road desired on petitioner's land.

Labed Veerappa, Since Deceased by His Lrs Vs… — Municipal and Town Planning | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA

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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.110553/2019 (LB-RES)

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BETWEEN :

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LABED VEERAPPA, SINCE DECEASED BY HIS LRS.

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SMT.LABED ERAMMA W/O LATE LABED VEERAPPA, AGED ABOUT: 65 YEARS, OCC: AGRICULTURE, R/O: NEAR BHARAT TALKIES, WARD NO.18, KAMPLI, TQ: KAMPLI, DIST BALLARI.

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SMT.A. MANJULA W/O JAGADEESHA AGED ABOUT: 38 YEARS, OCC: HOUSEHOLD WORK, R/O: HAGARI BOMMANAHALLI, TQ: HAGARI BOMMANAHALLI, DIST: BALLARI.

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SMT.MANJULA D/O LABED VEERAPPA AGED ABOUT: 35 YEARS, OCC: HOUSEHOLD WORK, R/O: NEAR BHARAT TALKIES, WARD NO.18, KAMPLI, TQ: KAMPLI, DIST: BALLARI.

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SMT.RATNAMMA @ B.Nagaratna W/O SURESH AGED ABOUT: 32 YEARS, OCC: HOUSEHOLD WORK, R/O: NEAR S P CIRCLE, BALLARI, TQ AND DIST: BALLARI.

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SMT.RAJESHWARI D/O LABED VEERAPPA AGED ABOUT: 30 YEARS, OCC: HOUSEHOLD WORK, R/O: NEAR BHARAT TALKIES, WARD NO.18, KAMPLI, TQ: KAMPLI, DIST: BALLARI.

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SRI.L.MAHESH S/O LATE LABED VEERAPPA AGED ABOUT: 28 YEARS, OCC: AGRICULTURE, R/O: NEAR BHARAT TALKIES, WARD NO.18, KAMPLI, TQ: KAMPLI, DIST: BALLARI.

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SRI.L.SOMESH S/O ALTE LABED VEERAPPA AGED ABOUT: 26 YEARS, OCC: AGRICULTURE, R/O: NEAR BHARAT TALKIES, WARD NO.18, KAMPLI, TQ: KAMPLI, DIST: BALLARI.

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... PETITIONERS

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(BY SRI G.I.GACHCHINAMATH, ADV.)

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AND :

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THE STATE OF KARNATAKA BY ITS SECRETARY TO PUBLIC WORKS DEPARTMENT, VIDHANA VEEDHI, BENGLAURU-1.

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THE DEPUTY COMMISSIONER, BALLARI DISTRICT, BALLARI.

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THE ASSISTANT COMMISSIONER HOSAPETE, TQ: HOSAPETE, DIST: BALLARI.

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THE CHIEF OFFICER TOWN MUNICIPAL COUNCIL, KAMPLI, TQ: KAMPLI, DIST: BALLARI.

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… RESPONDENTS (BY SMT.VIDYAVATI K., ADDITIONAL ADVOCATE GENERAL AND SRI VINAYAK S.KULKARNI AGA FOR R1-R3) (BY SRI B.SHARANABASAWA, ADV. FOR R.4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING THIS COURT TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS OF THE PETITIONERS DATED 23.05.2019, 24.05.2019, 25.05.2019 PRODICED AS ANNEXURE-E TO E2. AND SUCH OTHER RELIEFS.

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

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: ORDER :

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In this writ petition, the petitioner has sought for writ of mandamus directing the respondents to adhere to the acquisition proceedings granting compensation before implementing the road widening project in respect of property of the petitioner specified in the petition schedule.

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2. The petition schedule property is as follows:

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All that piece and parcel of the land bearing Sy.No.1126B measuring 26 Cents situated at Kampli, Tq: Kampli Dist: Ballari bounded as follows:

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To the East : 14 feet Road. To the West : Road. To the North : Gangavathi Road. To the South : Land of Sheelavantara Veeranna

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Heard learned counsel Sri

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G.I.Gachchinamath, appearing for petitioner,

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Smt.Vidyavati K, learned Additional Advocate General appearing for respondent Nos.1 to 3 and Sri B.Sharanabasava learned counsel appearing for

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respondent No.4. Perused the writ papers.

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At the out set Learned counsel appearing for respondent No.4 has filed a memo stating that the respondents are forming the road only in the lands which have been acquired for the purpose of formation of road and they are not using the property of the petitioner which is mentioned in the petition schedule. Perused the memo filed.

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In view of the above, the writ petitions are disposed of with an observation that the respondents can form the road on the lands acquired for the said purpose without disturbing the possession of the petition schedule property.

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If the 4^th respondent wants to form the road in the property of the petitioner, he can utilize the same after acquiring the same as per the provisions of the Land Acquisition Act, in accordance with law.

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Sd/JUDGE

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Labed Veerappa, Since Deceased by His Lrs v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Labed Veerappa, Since Deceased by His Lrs v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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