Disposed

Smt.Pushpamma v. the Deputy Commissioner

Karnataka HC29 Nov 2022WP/48595/2019

Case brief

AI extract

What is this about?

In a writ petition seeking mandamus for awarding compensation over acquired land valued at assessment nos. 269 and 270, the Court directed respondent authorities to consider the petitioners' pending representation and pass appropriate orders on market value and payment within three months. The petition was disposed of after issuing the direction.

What did the court decide?

Respondents directed to consider petitioners' representation and pass orders on compensation award within three months of this order's receipt.

Smt.Pushpamma Vs the Deputy Commissioner — Land Acquisition | Karnataka HC (2022)

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

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BEFORE

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THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR WRIT PETITION No.48595 OF 2019(LA-RES)

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BETWEEN:

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1 . SMT.PUSHPAMMA W/O LATE SHIVASHANKARAMURTHY AGED ABOUT 59 YEARS R/AT S R ROAD , 10^TH WARD GUNDLUPET TOWN CHAMARAJANAGAR TALUK AND DISTRICT CHAMARAJANAGAR-571111

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2 . SRI B S KIRAN S/O LATE SHIVASHANKARAMURTHY AGED ABOUT 40 YEARS R/AT S R ROAD , 10^TH WARD GUNDLUPET TOWN CHAMARAJANAGAR TALUK AND DISTRICT CHAMARAJANAGAR-571111

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3 . SRI B S KISHOR S/O LATE SHIVASHANKARAMURTHY AGED ABOUT 38 YEARS R/AT S R ROAD, 10^TH WARD GUNDLUPET TOWN CHAMARAJANAGAR TALUK AND DISTRICT CHAMARAJANAGAR-571111

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4 . SRI B S KARTHIK S/O LATE SHIVASHANKARAMURTHY AGED ABOUT 36 YEARS R/AT S R ROAD, 10^TH WARD GUNDLUPET TOWN CHAMARAJANAGAR TALUK AND DISTRICT CHAMARAJANAGAR-571111

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5 . SRI G S SOMASHEKAR S/O LATE G V SRIKANTAPPA AGED ABOUT 71 YEARS

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²

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R/AT S R ROAD, 10^TH WARD GUNDLUPET TOWN CHAMARAJANAGAR TALUK AND DISTRICT CHAMARAJANAGAR-571111

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6 . SRI G S GOPALAKRISHNA S/O LATE G V SRIKANTAPPA AGED ABOUT 69 YEARS R/AT S R ROAD ,10^TH WARD GUNDLUPET TOWN CHAMARAJANAGAR TALUK AND DISTRICT CHAMARAJANAGAR-571111

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7 . SMT G S RAJESHWARI S/O LATE G V SRIKANTAPPA AGED ABOUT 67 YEARS R/AT S R ROAD, 10^TH WARD GUNDLUPET TOWN CHAMARAJANAGAR TALUK AND DISTRICT CHAMARAJANAGAR-571111

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8 . SMT G S GAYATHRI D/O LATE G V SRIKANTAPPA AGED ABOUT 65 YEARS R/AT S R ROAD, 10^TH WARD GUNDLUPET TOWN CHAMARAJANAGAR TALUK AND DISTRICT CHAMARAJANAGAR-571111

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9 . SMT G S VASANTHAKUMARI D/O LATE G V SRIKANTAPPA AGED ABOUT 63 YEARS R/AT S R ROAD ,10^TH WARD GUNDLUPET TOWN CHAMARAJANAGAR TALUK AND DISTRICT CHAMARAJANAGAR-571111

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10 . SRI G S SUBRAMANYA S/O LATE G V SRIKANTAPPA AGED ABOUT 59 YEARS R/AT S R ROAD, 10^TH WARD GUNDLUPET TOWN CHAMARAJANAGAR TALUK AND DISTRICT CHAMARAJANAGAR-571111

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ALL REPRESENTED BY THEIR GPA HOLDER SRI LOKESH P S/O PUTTANNA M Y AGED ABOUT 40 YEARS R/AT LAKSHMI VILAS

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15^TH CORSS, NANJANGUD TOWN MYSORE DISTRICT-571301

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…PETITIONERS

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(BY SRI. P. MAHESHA., ADVOCATE)

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AND:

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1 . THE DEPUTY COMMISSIONER CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR -571111

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2 . THE ASSISTANT COMMISSIONER KOLLEGALA SUB-DIVISION KOLLEGAL-571440

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3 . THE STATE OF KARNATAKA REP BY ITS SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001

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…RESPONDENTS

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(BY SRI.K.R. NITHYANANDA., AGA)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT AUTHORITIES TO PASS THE AWARD BY FIXING THE MARKET VALUE AND MAKE THE PAYMENT OF COMPENSATION WITH INTEREST AND OTHER STATUTORY BENEFITS TO THE PETITIONERS FOR THE LAND BEARING ASSESSMENT NO.269 9.15 MTS X 30 MTS AND NO.270 MEASURING 30 X 60 MTS SITUATED AT GUNDLUPET TOWN CHAMARAJANAGAR DISTRICT AS PER DIRECTION OF DEPUTY COMMISSIONER, DATED 04.06.2003 VIDE ANNEXURE-H BY CONSIDERING THE REPRESENTATION OF THE PETITIONERS VIDE ANNEXURE-K AND ETC.

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

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ORDER

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In this petition, petitioners have sought for the

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following reliefs:-

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“ a) Issue writ of mandamus directing the respondent authorities to pass the a award by fixing the market value and make the payment of compensation with interest and other statutory benefits to the petitioners for the land bearing assessment NO. 269 9.15 mts x 30 mts and No. 270 measuring 30 X 60 mts situated at Gundlupet town chamarajnagar District as per direction of Deputy Commissioner, Chamarajanagar vide Case No. R.A.30:2002/2003 order dated: 04.06.2003 vide Annexure-H. by considering the representation of the petitioners vide Annexure-K.

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b) Pleased to pass any other order or direction as this Hon’ble Court feels fit under the circumstances of the case in the interest of justice and equity.”

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Heard learned counsel for the petitioners and learned AGA for the respondents and perused the material on record.

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It is the grievance of the petitioners that their

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representation at Annexure-K submitted to the respondents has not been considered so far by them nor any order has

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been passed on the same. Under these circumstances, the petitioners are before this Court by way of the present petition.

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Per contra, learned AGA for the respondents submits that if reasonable time is given, they would consider and pass necessary orders on the said representation.

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In view of the aforesaid facts and circumstances and rival submissions, the respondents are hereby directed to address the grievances of the petitioners and consider their representation at Annexure-K 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.

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With the aforesaid directions, the petition stands disposed of.

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Sd/JUDGE

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Srl.

Smt.Pushpamma v. the Deputy Commissioner

Case brief

What is this about?

What did the court decide?

Smt.Pushpamma v. the Deputy Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

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