Disposed

Mallanagouda v. State of Karnataka

Karnataka HC13 Feb 2023WP/104190/2015

Case brief

AI extract

What is this about?

The court disposed of a writ petition concerning land acquisition. It directed the State to consider the petitioners' representation dated 30.01.2015 and pass appropriate orders within three months. It also restrained authorities from taking coercive steps regarding the lands pending the decision.

What did the court decide?

Directing the 1st respondent to consider the petitioners' representation and pass appropriate orders within three months; restraining respondents from taking coercive steps on the lands.

Mallanagouda Vs State of Karnataka — Land Acquisition | Karnataka HC (2023)

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WP No. 104190 of 2015

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 13^TH DAY OF FEBRUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR WRIT PETITION NO. 104190 OF 2015 (LA-KHB)

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BETWEEN:

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MALLANAGOUDA S/O SHANKARGOUDA DYAVANAGOUDAR, AGE: 63 YEARS, OCC: AGRICULTURE, R/O: BYAHATTI, TALUK: HUBBALLI. DIST: DHARWAD-580023

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CHANNABASAPPA S/O GADIGEPPA SAUNSHI AGE: 52 YEARS, OCC: AGRICULTURE, R/O: BASAPUR, TALUK: KUNDAYAL, DIST: DHARWAD-580001

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Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad

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SANKETH S/O SHAMBHULINGAPPA SAUNSHI AGE: MINOR, SINCE MINOR REPRESENTED BY HIS FATHER SHAMBHULINGAPPA G SAUNSHI, AGE: 54 YEARS, OCC: AGRICULTURE and BUSINESS, R/O: BHAVANI PARK-CHETANA COLLEGE ROAD, VIDYA NAGAR, HUBBALLI-580020

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SACHIN S/O SHAMBHULINGAPPA SAUNSHI AGE: 24 YEARS, OCC: STUDENT, R/O: BHAVANI PARK-CHETANA COLLEGE ROAD, VIDYA NAGAR, HUBBALLI-580020 DIST: DHARWAD.

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MAHALINGAPPA S/O SHANKRAPPA TIRLAPUR AGE: 61 YEARS, OCC: AGRICULTURE, R/O: KIRESOOR,

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WP No. 104190 of 2015

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TALUK: HUBBALLI-580020

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DIST: DHARWAD.

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SHIVAPPA S/O SHANKARAPPA TIRALAPUR AGE: 58 YEARS, OCC: AGRICULTURE, R/O: KIRESOOR, TALUK: HUBBALLI-580020 DIST: DHARWAD.

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SMT.PREMA W/O CHANNABASANGOUDA PATIL AGE: 47 YEARS, OCC: AGRICULTURE, R/O: SHIRUR PARK VIDYA NAGAR, TALUK: HUBBALLI-580020 DIST: DHARWAD.

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SMT.SHASHIKALA W/O SHIVANGOUDA PATIL AGE: 52 YEARS, OCC: AGRICULTURE, R/O: BASVESHWAR NAGAR BYADAGI, TQ: BYADAGI-581106, DIST: HAVERI.

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SMT.VANAJAKSHI W/O KUMARGOUDA PATIL AGE: 47 YEARS, OCC: AGRICULTURE, R/O: BASVESHWAR NAGAR BYADAGI, TQ: BYADAGI-581106, DIST: HAVERI.

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SMT.SUNITHA W/O JAGADISH PATIL AGE: 47 YEARS, OCC: AGRICULTURE, R/O: BASVESHWAR NAGAR BYADAGI, TQ: BYADAGI-581106, DIST: HAVERI.

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SMT.SUJATA W/O SURESH PATIL AGE: 47 YEARS, OCC: AGRICULTURE, R/O: BASVESHWAR NAGAR BYADAGI, TQ: BYADAGI-581106, DIST: HAVERI.

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WP No. 104190 of 2015

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CHANNABASAPPA S/O CHANDRASHEKAR YALI @ CHETNA CHANDRASHEKAR YALI SINCE DECEASED BY HIS LRS MOTAHER GOURAMMA W/O CHANDRASHEKAR YALI, AGE: 62 YEARS, OCC: AGRICULTURE, R/O: NEHRU NAGAR BYADGI, TALUK: BYADGI, DIST: HAVERI.

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B G GANGESH AGE: 34 YEARS, OCC: AGRICULTURE, R/O: KOTEMALLURU, TALUK: HONNALLI, DIST: DAVANGERE.

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RUTVIK S/O CHANDRASHEKAR YALI AGE: 34 YEARS, OCC: AGRICULTURE, R/O: NEHRU NAGAR BYADAGI, TALUK: BYADAGI, DIST: HAVERI-581110

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SMT. SHILPA W/O MANJUNATH PATIL AGE: 29 YEARS, OCC: AGRICULTURE, R/O: PLOT NO.4, 4TH MAIN ROAD, 6TH CROSS GANDHINAGAR, DHARWAD-580004

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…PETITIONERS

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(BY SRI. GURUDAS KANNUR, SENIOR COUNSEL FOR SRI.S.Y.SHIVALLI,,ADVOCATE)

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AND:

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STATE OF KARNATAKA M.S. BUILDING, REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT, M.S.BUILDING, BENGALURU.

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WP No. 104190 of 2015

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KARNATAKA HOUSING BOARD KAVERI BHAVAN, BENGALURU-560001 BY ITS COMMISSIONER

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THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA HOUSING BOARD, KAVERI BHAVAN, BENGALURU-560001

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…RESPONDENTS

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(BY SRI. PRASHANT V.MOGALI, HCGP FOR R1 SMT.SHARMILA M.PATIL, ADV. FOR R2-R3)

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THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 30.01.2015 OF PETITIONERS AS PER ANNEXUER-J AND ACCORDINGLY DE-NOTIFY THE LAND IN QUESTION BY GIVING EFFECT TO THE BOARD MEETING DATED 18.06.2011 RESOLVING TO DROP THE PROPERTY IN QUESTION FROM PROPOSED ACQUISTION VIDE ANNEXURE-F & ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING ‘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 following

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reliefs:-

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(i) Issue a writ of mandamus directing the respondents to consider the representation dated 30.01.2015 of the petitioners as per Annexure-J and accordingly, de-notify the land in question by giving effect to the board meeting dated 18.06.2011 resolving to drop

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WP No. 104190 of 2015

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the property in question from proposed acquisition vide Annexure-F to meet the ends of justice and equity.

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(ii) Issue any other writ or direction as deemed fit by this Hon’ble Court.

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Heard learned Senior counsel for the petitioners and learned HCGP for 1^st respondent – State as well as learned counsel for the respondents 2 and 3 – KHB and perused the material on record.

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The material on record discloses that though several contentions have been urged by both sides in support of their respective claims, it is an undisputed fact that the representation at Annexure-J dated 30.01.2015 submitted by the petitioners to the respondents have not been considered and not taken decision / steps or passed any orders on the same so far.

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Under these circumstances, without expressing any opinion on the merits / demerits of the rival contentions, I deem it just and appropriate to dispose of this petition directing the 1^st respondent - State to address the grievance of the petitioners and consider and pass appropriate orders on the representation at Annexure-J dated 30.01.2015, bearing in mind the material on

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WP No. 104190 of 2015

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record, the documents etc., produced by both sides including the Resolution dated 18.06.2011 in accordance with law and as expeditiously as possible within a period of three months from the date of receipt of a copy of this order. It is further directed that till the 1^st respondent – State takes appropriate decision / pass appropriate orders as stated supra, the respondents shall not take precipitative / coercive steps in relation to the subject matter of the petition in respect of the subject lands.

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With the aforesaid directions, petition stands disposed of.

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Sd/JUDGE

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SRL

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List No.: 1 Sl No.: 103

Mallanagouda v. State of Karnataka

Case brief

What is this about?

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Mallanagouda v. State of Karnataka

Case brief

What is this about?

What did the court decide?

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