Partly allowed

R D Venkatachalapathy v. the State of Karnataka

Karnataka HC1 Jul 2022WP/28289/2018

Case brief

AI extract

What is this about?

This writ petition challenged the non-grant of alternative Government land. The respondents undertook to consider the petitioner`s representation, leading the Court to dispose the matter with specific directions for reply.

What did the court decide?

To consider the petitioners representation within four weeks and pass a speaking order. Petitioners allowed to submit additional documents.

R D Venkatachalapathy Vs the State of Karnataka — Land Acquisition | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^st DAY OF JULY, 2022

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BEFORE

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THE HON’BLE MR. JUSTICE N.S.SANJAY GOWDA

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WRIT PETITION NO.28289/2018 (KLR-RES)

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BETWEEN:

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R.D. VENKATACHALAPATHY S/O. LATE R. DASAPPA AGED ABOUT 67 YEARS,

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2 . R.D. SUBRAMANYA S/O. LATE R. DASAPPA AGED ABOUT 58 YEARS,

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R.D. SREENIVASA RAO S/O. LATE R. DASAPPA AGED ABOUT 51 YEARS

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ALL ARE R/AT-NO.1700/21, 3RD MAIN, C-BLOCK SAHAKARA NAGARA BANGALORE-560 092

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…PETITIONERS

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(BY SRI. S.D.N. PRASAD, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA BANGALORE-560 001.

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THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT AT:- CHIKKABALLAPURA-532 101.

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THE ASSISTANT COMMISSIONER GOWRIBIDANUR TALUK CHIKKABALLAPURA SUB DIVISION AT CHIKKABALLAPURA-532 101.

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THE TAHSILDAR GOWRIBIDANUR TALUK AT:- GOWRIBIDANUR-561 208.

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…RESPONDENTS

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(BY SRI.R.SRINIVAS GOWDA, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO IDENTIFY SUITABLE ALTERNATE GOVERNMENT LAND AND GRANT THE SAME TO THE PETITIONERS, TO THE EXTENT OF 3 ACRES 06 GUNTAS OF THE LAND OF THE PETITIONERS ACQUIRED BY R-1, ETC.,

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THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The prayer in this petition is to issue a direction to the respondents to identify suitable alternate Government land and grant the same to the petitioners to the extent of 3 Acres 06 guntas by considering representation made in this regard vide Annexure 'Q'.

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In this case, Mr.B.Shivaswamy, the then Assistant Commissioner, Chikkaballapura had filed an affidavit on 18.07.2019. In para 14 of the affidavit, he has stated as follows:

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"14. In the above facts and circumstances, I humbly submit that the representation which is filed for consideration, since, the original file was not been traced and now the same is traced before Deputy Commissioner Office, Chikkaballapur Authorities/ the respondents are bound to consider the representation. Accordingly, within a span of 3 weeks, a speaking order shall be passed in accordance with law in the interest of justice and equity. And the same shall be taken on record".

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In view of this submission of the Assistant Commissioner, it would not be necessary to issue any direction to the Assistant Commissioner, since the Assistant Commissioner has himself undertaken to consider the representation within three weeks and a speaking order would also be passed.

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Placing the said undertaking on record, this writ petition is disposed off directing the Assistant Commissioner to consider the representation of the petitioners within a period of four weeks from the date of receipt of a certified copy of this order.

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Accordingly, the Writ Petition is disposed off.

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The petitioners are also permitted to submit an additional representation along with additional documents in support of their claim to the Assistant Commissioner.

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SD/JUDGE

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MKM

R D Venkatachalapathy v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

R D Venkatachalapathy v. the 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

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