Disposed

Basanagouda Shivanagouda Siddapur v. the Government of India

Karnataka HC9 Feb 2023WP/112878/2020

Case brief

AI extract

What is this about?

This writ petition challenged the non-consideration of a representation dated 16.12.2017 by the Special Land Acquisition Officer. The Court observed that the respondent must address the petitioner's grievances and pass an appropriate order within a period of three months from the date of receipt of a copy of this order. The petition was disposed off upon issuing this direction.

What did the court decide?

Direction to respondent No. 2 to consider the representation dated 16.12.2017 and pass appropriate order within three months.

Basanagouda Shivanagouda Siddapur Vs the Government of… — Land Acquisition | Karnataka HC (2023)

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WP No. 112878 of 2020

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 9^TH DAY OF FEBRUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR

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WRIT PETITION NO. 112878 OF 2020 (GM-RES)

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BETWEEN:

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BASANAGOUDA SHIVANAGOUDA SIDDAPUR, AGE: 60 YEARS, OCC: AGRICULTURE, R/O: KELAGERI, TQ AND DIST: DHARWAD

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…PETITIONER (BY SRI GIRISH S. HIREMATH, ADVOCATE)

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AND:

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THE GOVERNMENT OF INDIA BY MINISTRY OF THE SURFACE TRANSPORT BHAVAN, NEW DELHI.

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THE SPECIAL LAND ACQUISITION OFFICER, NATIONAL HIGHWAY MINI VIDHANSOUDHA, D. C. COMPOUND, DHARWAD.

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

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NANDI HIGHWAY DEVELOPERS LTD., NO.1 MID FORD HOUSE, OFFICE M. G. ROAD, BENGALURU-01.

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THE TAHASHILDAR, DHARWAD.

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THE A.D.L.R., DHARWAD.

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…RESPONDENTS

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(BY SRI PRASHANT V.MOGALI, HCGP FOR RESPONDENT NOS.1, 2, 4 AND 5)

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(BY SRI RAJASHEKHAR BURJI, ADV.FOR RESPONDENT NO.3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE

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WP No. 112878 of 2020

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A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO CONSIDER THE REPRESENTATION DATED 16.12.2017 AND PASS THE APPROPRIATE ORDER AS REQUESTED IN THE REPRESENTATION AS PER ANNEXURE-D.

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

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“ ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO CONSIDER THE REPRESENTATION DATED 16.12.2017 AND PASS THE APPROPRIATE ORDER AS REQUESTED IN THE REPRESENTATION AS PER ANNEXURE-D. ”

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Heard learned counsel for the petitioner and learned HCGP for the respondent Nos. 1, 2, 4 and 5. Perused the material on record.

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It is the grievance of the petitioner that his representation dated 16.12.2017 at Annexure-D,

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submitted to the respondents has not been considered so far by them nor any order has been passed on the same.

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WP No. 112878 of 2020

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Under these circumstances, the petitioner is before this

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Court by way of the present petition.

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Per contra , learned HCGP for the respondents submits that if reasonable time is given, they would consider and pass necessary order on the said

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representation.

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In view of the aforesaid facts and circumstances

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and rival submissions, respondent No.2 is hereby directed to address the grievances of the petitioner and consider his representation dated 16.12.2017 at Annexure-D and pass appropriate order 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 off.

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Sd/JUDGE

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CKK

Basanagouda Shivanagouda Siddapur v. the Government of India

Case brief

What is this about?

What did the court decide?

Basanagouda Shivanagouda Siddapur v. the Government of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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