Dismissed

Shri H Y Manjunath v. the Special Land Acquisition Officer

Karnataka HC25 Jun 2021WP/15629/2019

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition challenging the manner of compensation release in land acquisition proceedings. The petitioner sought an injunction on the Special Land Acquisition Officer disbursement. The court found the compensation had already been released prior to the filing. The petition was allowed to be withdrawn with liberty to approach the appropriate forum.

What did the court decide?

Petition disposed of as withdrawn with liberty to question the validity of the award before the appropriate forum.

Shri H Y Manjunath Vs the Special Land Acquisition Officer — Land Acquisition | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 25^th DAY OF JUNE, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE G.NARENDAR

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WRIT PETITION NO.15629 OF 2019(GM-RES)

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BETWEEN:

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SHRI. H Y MANJUNATH, S/O LATE SHRI. H.M.YELLAPPA, AGED ABOUT 65 YEARS, RESIDING AT NO.597/B, OLD MADRAS ROAD, HOSAKOTE.

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…PETITIONER

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(BY SRI.DHANANJAY JOSHI, ADVOCATE)

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AND:

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THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY (NHAI), BANGALORE, BANGALORE- CHENNAI EXPRESS HIGHWAY PROJECT, NO.678/3, 1^ST CROSS, 1^ST MAIN ROAD, NEERUBHAVI KEMPANNA LAYOUT, GUDDADAHALLI ROAD, HEBBAL, BANGALORE-560 024.

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SRI.B. MUNIRAJU, S/O SRI. BASAPPA, AGED ABOUT 56 YEARS,

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SMT. NAGAMMA, W/O SRI. B.MUNIRAJU, AGED ABOUT 50 YEARS,

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MS. NALINAMMA, D/O SRI. B.MUNIRAJU, AGED ABOUT 30 YEARS,

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MS. MALA, D/O SRI. B.MUNIRAJU, AGED ABOUT 28 YEARS,

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MR. MANJUNATH, S/O SRI. B.MUNIRAJU, AGED ABOUT 26 YEARS,

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MR. RAVI, S/O SRI. B.MUNIRAJU, AGED ABOUT 20 YEARS,

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NOS.2 TO 7 ARE

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RESIDING AT KANNURAHALLI VILLAGE, KASABA HOBLI, HOSAKOTE TALUK BANGALORE RURAL DISTRICT – 562 114.

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MR JAYASHEELA REDDY S/O SRI. GOPALAREDDY, AGED ABOUT 30 YEARS, R/AT NO.5, 1^ST CROSS, VENKATARAMAIAH LAYOUT, RAMAMURTHY NAGAR, DODDA BANASWADI, BANGALORE-560 043.

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SHRI. H.Y.MOHAN, S/O LATE SRI.H.M.YELLAPPA, AGED ABOUT 62 YEARS, RESIDING AT NO.597/B, OLD MADRAS ROAD, HOSAKOTE -562 114.

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DR. H.Y.HARISH, S/O LATE SRI.H.M.YELLAPPA, AGED ABOUT 50 YEARS, RESIDING AT NO.597/B, OLD MADRAS ROAD, HOSAKOTE – 562 114.

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SMT.Y.MEENAKSHI, D/O LATE SRI.H.M.YELLAPPA, AGED ABOUT 57 YEARS, W/O SHRI. B.N.SATHYAPREM KUMAR, R/AT NO.604, 4^TH MAIN ROAD, BHUVANAGIRI, OMBR LAYOUT, BANGALORE-560 043.

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SMT. Y.PUSHPA, D/O LATE SRI.H.M.YELLAPPA, AGED ABOUT 54 YEARS, W/O SHRI.M.DEVANATH, NO.14-150A, RADHAKRISHNA ROAD EXTENSION, KUPPAM POST, CHITTOOR DISTRICT, ANDHRA PRADESH – 517 425.

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SMT. Y. MRUDULA, D/O LATE SRI.H.M.YELLAPPA, AGED ABOUT 38 YEARS, W/O SHRI. VIJAYAKUMAR, LAXMIVENKATESHWARA ENCLAVE, ROYAL SCHOOL ROAD, KONANKUNTE CROSS, BANGALORE -560 062.

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…RESPONDENTS

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(BY SMT.SHILPA GHANSHYAMBHAI SHAH,ADV.,FOR R1; SRI. JANARDHANA, ADVOCATE FOR R2-R8; V.C.O DATED 27/5/2019; NOTICE TO R9-R13 D/W)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 NOT TO DISBURSE THE COMPENSATION AMOUNTS PURSUANT TO THE AWARD NOTICE, DATED 28.06.2018 AND NOTICE DATED 28.06.2018(BEING ANNEXURE-A AND B) ISSUED BY SPECIAL LAND ACQUISITION OFFICER & COMPETENT AUTHORITY AND TO DEPOSIT THE ENTIRE COMPENSATION AMOUNT PAYABLE IN RESPECT OF THE SCHEDULE PROPERTY IN THE HON’BLE COURT OF THE

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II ADDITIONAL SENIOR CIVIL JUDGE, BANGALORE RURAL, IN THE PROCEEDINGS IN O.S.NO.486 OF 2013.

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THIS WRIT PETITION COMING FOR ORDERS ON THIS DAY THROUGH VIDEO CONFERENCING, THE COURT MADE THE FOLLOWING: -

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ORDER

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Learned counsel for the first respondent at the

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outset submits that the prayer sought in writ petition does not survive for consideration as the award amount had been already released to the respondent way back in March, 2019 and the writ petition has been preferred in April, 2019.

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2. Learned counsel for the eight respondent

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would also state that he has produced copy of the award and if the petitioner is aggrieved by the same, it is for him to question the same in an manner known to law and before the appropriate forum.

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Learned counsel for the petitioner

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submits that he may be permitted to withdraw the

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writ petition with liberty to question the validity of the award and agitate his rights before the appropriate forum.

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Reserving such liberty, petition stands

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disposed of as withdrawn. No order as to costs.

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Sd/JUDGE

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Bsv

Shri H Y Manjunath v. the Special Land Acquisition Officer

Case brief

What is this about?

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Shri H Y Manjunath v. the Special Land Acquisition Officer

Case brief

What is this about?

What did the court decide?

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