Allowed

Shri S N Shivaramu v. the State of Karnataka

Karnataka HC10 Apr 2023WP/10285/2022

Case brief

AI extract

What is this about?

The petitioner challenged the land acquisition notification dated 12.12.2006 issued by Respondent No.2. Relying on similar cases, the Court allowed the writ petition and issued a writ of Certiorari to quash the said notification, thereby freeing the land from the acquisition process while reserving the right to exercise power of eminent domain.

What did the court decide?

Writ of Certiorari issued quashing the impugned Notification dated 12.12.2006; land declared free from acquisition process.

Shri S N Shivaramu Vs the State of Karnataka — Land Acquisition | Karnataka HC (2023)

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1 - WP No. 10285 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF APRIL, 2023

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BEFORE

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THE HON'BLE MR JUSTICE KRISHNA S DIXIT

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WRIT PETITION NO. 10285 OF 2022 (LA-UDA)

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BETWEEN:

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SHRI. S N SHIVARAMU, S/O LT NARASIMHEGOWDA, AGED ABOUT 73 YEARS, R/AT SEETHAPURA VILLAGE, ARALUKUPPE POST, CHINAKURALI HOBLI, PANDUPURA TQ, MANDYA DISTRICT - 570 008. SENIOR CITIZEN BENEFIT NOT CLAIMED.

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…PETITIONER

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(BY SRI. HEMANTH P ., ADVOCATE FOR SMT. GEETHA DEVI M P.,ADVOCATE)

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AND:

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Digitally signed by SHARADA VANI B

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Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA, DEPT OF URBAN DEVELOPMENT, VIKAS SOUDHA, AMBEDKAR VEEDHI, BENGALURU 560 001. REP BY ITS PRINCIPAL SECRETARY.

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MYSURU URBAN DEVELOPMENT AUHTOIRTY JLB ROAD. MYSURU 570 005. REP BY COMMISSIONER.

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SPECIAL LAND ACQUSITON OFFICER, MYSURU URBAN DEVELOPMENT AUTHORITY, MYSURU 570 005.

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…RESPONDENTS (BY SRI.R SRINIVASA GOWDA., AGA FOR R1; SRI. H M SIDDARTHA.,ADVOCATE FOR R2 & R3)

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WP No. 10285 of 2022

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) CALL FOR RECORDS IN RESPECT OF ISSUANCE OF THE NOTIFICATION DATED 12.12.2006 BY RESPONDENT NO.2 AS PER ANNEXURE-C AND B) QUASH THE NOTIFICATION DATED 12.12.2006 ISSUED BY RESPONDENT NO.2 AS PER ANNEXUREC AND ETC.,

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

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ORDER

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The subject matter of this writ petition is

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substantially similar to the one in W.P.No.19854/2022 (LAUDA) between SMT. CHENNAMMA vs. THE STATE OF KARNATAKA & OTHERS, disposed off by this Court on 06.03.2023 wherein the Notification relating to initiation of acquisition having been set at naught, the land is freed from subject acquisition process.

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Learned counsel for the Petitioner argues that

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like cases should be treated alike and if relief is granted to

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a litigant, it cannot be denied to other similarly circumstanced litigants, subject to all just exceptions. In support of his submission, he banks upon the Division Bench decision of this Court in W.A.Nos.932-933/1974

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WP No. 10285 of 2022

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between A.V.VINODA & ANOTHER vs. STATE OF

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KARNATAKA BY ITS COMMISSIONER & SECRETARY , disposed off on 11.12.1974, there being no derogatory factors.

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In view of the above, this Writ Petition is allowed; a Writ of Certiorari issues quashing the impugned Notification dated 12.12.2006 (Annexure-C) and thereby the land is freed from the subject acquisition process. However, this order or anything said in this order shall not come in the way of exercise of power of emminent domain, if such an exercise is otherwise warranted.

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No costs.

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Sd/JUDGE

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Bsv

Shri S N Shivaramu v. the State of Karnataka

Case brief

What is this about?

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Shri S N Shivaramu v. the State of Karnataka

Case brief

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