Disposed

Sri Basavaraju v. State of Karnataka

Karnataka HC29 Nov 2022WP/16069/2022

Case brief

AI extract

What is this about?

In a writ petition under Articles 226 and 227 of the Constitution, the petitioner sought interest on land compensation. The court directed the respondents to consider the petitioner's representations and pass appropriate orders within three months before disposing of the petition.

What did the court decide?

Respondents directed to consider petitioner's representations and pass appropriate orders within three months.

Sri Basavaraju Vs State of Karnataka — Land Acquisition | Karnataka HC (2022)

¶1

¹

¶2

IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 29^TH DAY OF NOVEMBER, 2022

¶3

BEFORE

¶4

THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR WRIT PETITION No.16069 OF 2022(LA-KIADB)

¶5

BETWEEN:

¶6

SRI BASAVARAJU S/O SRI SHIVARUDRAPPA AGED ABOUT 62 YEARS R/O MODAHALLI VILLAGE LOKKANAHALLI HOBLI KOLLEGALA TALUK CHAMARAJANAGARA DISTRICT

¶7

…PETITIONER

¶8

(BY SRI.L.K.MANJUNATHA., ADVOCATE)

¶9

AND:

¶10

1 . STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES M S BUILDING, DR B R AMBEDKAR VEEDHI BENGALURU-560 001.

¶11

2 . KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD REPRESENTED BY ITS SECRETARY NRUPATHUNGA ROAD

¶12

BENGALURU-560001

¶13

3 . THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD MYSORE CIRCLE, K R S ROAD MYSURU-570 016.

¶14

…RESPONDENTS (BY SRI. K.R.NITHYANANDA., AGA FOR R-1 SRI. P.V. CHANDRASHEKAR., ADVOCATE FOR R-2 & R-3)

¶15

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-3 HEREIN TO PAY INTEREST AT 15 PERCENT P.A. FROM THE DATE OF TAKING POSSESSION OF THE LANDS TILL DATE ON THE COMPENSATION AND COST PAYABLE TO THE PETITIONER.

¶16

²

¶17

THIS W.P. COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-

¶18

ORDER

¶19

In this petition, the petitioner has sought for the following reliefs:

¶20

“ a) A writ in the nature of mandamus or any other writ, order or direction, directing Respondent No.3 herein to pay interest @ 15% p.a. from the date of taking possession of the lands till date on the compensation and cost payable to the petitioner.

¶21

b) Grant such other and further relief including damages and cost towards this petition, as this Hon’ble Court deems fit to grant under the facts and circumstances of case, in the interest of justice and equity.”

¶22

Heard the learned counsel for petitioner,

¶23

learned AGA for respondent No.1 and learned counsel for respondent Nos.2 and 3 and perused the material on record.

¶24

It is the grievance of the petitioner that his representation/legal notice at Annexures-E and F dated 07.03.2019 and 12.08.2021 respectively, submitted to the respondents have not been considered so far by them nor any order has been passed on the same. Under these

¶25

³

¶26

circumstances, the petitioner is before this Court by way of the present petition.

¶27

Per contra, learned AGA for respondent No.1

¶28

and learned counsel for respondent Nos.2 and 3 submits that if reasonable time is given, they would consider and pass necessary orders on the said representation.

¶29

In view of the aforesaid facts and circumstances and rival submissions, the respondents are hereby directed to address the grievances of the petitioner and consider his representation/legal notice at AnnexuresE and F dated 07.03.2019 and 12.08.2021, respectively

¶30

and pass appropriate orders in accordance with law, within a period of three months from the date of receipt of a copy of this order.

¶31

With the aforesaid directions, the petition stands disposed of.

¶32

Sd/JUDGE

¶33

Srl.

Sri Basavaraju v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Basavaraju v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

V Ramaiah Vs the Bangalore Development Authority

Aasim Vs the Special Land Acqusition Officer

B Narasappa Vs State of Karnataka

Parvathamma Vs the State of Karnataka

M Gangadhara Vs State of Karnataka

Smt. Eeramma Vs the State of Karnataka