In a dispute over land acquisition, the High Court dismissed a writ petition claiming the road was already formed through the petitioners' property, reserving their rights to seek appropriate compensation.
The writ petition was dismissed as not calling for adjudication, with rights of the petitioners to claim appropriate compensation reserved.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY, 2021
BEFORE
THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV
WRIT PETITION No.26363/2018 (LA-RES)
BETWEEN :
3. GOWRAMMA
2
SL. NOS.3-6 ARE RESIDENTS OF KALLEGOWDANAPALYA TIPTUR TALUK, TUMAKURU DISTRICT. ... PETITIONERS
(BY SRI. M.C. JAYAKIRTHI, ADVOCATE)
AND:
(BY SRI. MADANAN PILLAI R., CGC FOR R1; SRI PADMANATHA HOLLA, ADVOCATE FOR SRI R.V. NAIK, ADVOCATE FOR R2; R3 - SERVED)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED PRELIMINARY NOTIFICATION DATED 27.07.2016 PUBLISHED IN THE GAZETTE ON 2.8.2016 (ANNEXURE-N) ISSUED BY THE R-2 FOR ACQUISITION OF THE PETITIONER'S LANDS TO THE EXTENT OF 31 GUNTAS IN SURVEY NO.128/1B, 34 GUNTAS IN SURVEY NO.128/1A, 56.25 GUNTAS IN SY. NO.82/1, 25.96 GUNTAS IN SY. NO.144/4, 1 GUNTA IN SY. NO.144/1, 78.09 GUNTAS IN SY. NO.144/7, 8 GUNTAS IN SY. NO.144/8, 4 GUNTAS IN SY. NO.144/9, 8 GUNTAS IN SY. NO.144/10, 35.81 GUNTAS IN SY. NO.82/3 & 15.12 GUNTAS IN SY. NO.85/1, SITUATED AT HUCHGONDANAHALLI VILLAGE, TIPTUR VILLAGE AND IDENAHALLI VILLAGES OF TIPTUR TALUK, TUMAKURU DISTRICT AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT, MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner submits that during the pendency of the writ petition, road has been formed through the petitioners' property. It is further submitted that the matter may be disposed off keeping open the contentions of petitioners to seek appropriate compensation in accordance with law.
In light of the said submission, petition is dismissed as not calling for any adjudication while reserving rights of the petitioners to claim appropriate compensation in accordance with law.
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In light of the disposal of the petition, no further orders are called for as regards I.As. 2/2020 and 3/2020.
Sd/-
JUDGE
VP
2 issues framed by the court
Whether the writ petition calling for quashing of the preliminary notification requires adjudication on merits given the road has been formed.
Whether the petitioners should be dismissed from the current proceedings while reserving their right to claim compensation.
2 provisions across 1 enactments
M.C. Raghavanka
Nanjamari
Gowramma
K.S. Siddalingappa
Mahalingappa
Susheelamma
S. Sunil Dutt Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
