The Karnataka High Court disposed of a writ petition regarding land acquisition compensation without deciding merits, directing the petitioner to file a representation with the Deputy Commissioner for consideration within a specified period.
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.
WP NO.14287 OF 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.14287 OF 2022 (LA-RES)
BETWEEN:
SMT. MAHADEVAMMA W/O LATE SINGRAIAH AGED ABOUT 65 YEARS RESIDENT OF KATTARAGATTA VILLAGE, KASABA HOBLI, KRISHNARAJAPET TALUK, MANDYA DISTRICT.
…PETITIONER
(BY SRI. DHANANJAYA V.S., ADVOCATE)
AND:
Digitally signed by ARUN KUMAR M S Location: High Court of Karnataka
WP NO.14287 OF 2022
…RESPONDENTS
(BY SRI. NITYANANDA K.R., AGA FOR R3 AND R4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENTS 1 AND 2 TO SUBMIT THE PROPOSALS FOR THE PAYMENT OF ALL KINDS OF COMPENSATION TO THE PETITIONER IN RESPECT OF HER LANDS, CROPS, HORTICULTURAL TREES AND OTHER DAMAGES FROM THE DATE OF TAKING POSSESSION OF THE LANDS IN WHICH WITHOUT NOTIFICATIONS THE LANDS ACQUIRED AND POSSESSION WAS TAKEN AS PER ANNEXURES ‘B’ TO ‘B3’; AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
Heard Sri. Dhananjaya V.S., learned counsel appearing
for the petitioner and Sri. Nityananda K.R., learned Additional Government Advocate appearing for respondents 3 and 4.
WP NO.14287 OF 2022
However, it is open for the petitioner to make one more representation to the respondent No.4-Deputy Commissioner, Mandya District seeking redressal of her grievances. In that view of the matter, I am of the view that, in the event, if the petitioner herein makes representation to the respondent No.4Deputy Commissioner within three weeks from today, the same shall be considered by the respondent No.4 within eight weeks thereafter. Accordingly, writ petition is disposed of.
It is also made clear that, this Court has not expressed any opinion on the merits of the case.
Sd/JUDGE
ARK
1 issue framed by the court
Whether the writ petitioner is entitled to immediate direct consideration of compensation representations without exhausting remedies before the Deputy Commissioner.
Smt. Mahadevamma w/o Late Singraiah
The Assistant Executive Engineer Kaveri Neeravari Nigama Ltd.
The Executive Engineer Kaveri Neeravari Nigama Ltd.
The Special Land Acquisition Officer Deputy Commissioner Office
Deputy Commissioner Mandya District
The Managing Director Kaveri Neeravari Nigama Ltd.
E.S. IndiresH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
