High Court disposed of Writ Petition seeking redressal for non-consideration of representation regarding alternate site grant for land allegedly acquired for public purpose.
Instructed clients to consider grievance within eight weeks; time for consideration set.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No. 2026 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 2026 OF 2023 (LA-KIADB)
BETWEEN:
SRI SOMASHEKAR N @ SOMASHEKARAIAH S/O LATE NANJALAH @ NANJAPPA, AGED ABOUT 69 YEARS, R/A HONNENAHALLI VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562111. (BENEFIT OF SENIOR CITIZEN NOT CLAIMED). …PETITIONER
(BY SRI. SAGAR B B.,ADVOCATE)
AND:
Digitally
signed by CHETAN B C Location: HIGH COURT OF KARNATAKA
WP No. 2026 of 2023
DEVELOPMENT BOARD, 1ST FLOOR, MAHARSHI ARAVIND BHAVAN, NRUPATHUNGA ROAD, AMBEDKAR VEDHI, SAMPANGI RAMA NAGAR, BENGALURU-560 001.
…RESPONDENTS
(BY SRI. R SRINIVASA GOWDA, AGA FOR R1; SMT. MONICA PATIL, ADVOCATE FOR R2 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R2 TO CONSIDER THE REPRESENTATION DTD 17.01.2023 VIDE ANNEXURE-K AND DIRECT THE R3 TO CONSIDER THE REPRESENTATION DTD 18.01.2023 VIDE ANNEXURE-L.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The short grievance of the Petitioner is as to nonconsideration of his representation for grant of alternate site, his land having been allegedly acquired for public purpose. Learned counsel for the Petitioner draws the attention of the Court to the earlier orders made in the earlier round of litigation and submits, that order has not
been complied with and the period of limitation for
WP No. 2026 of 2023
enforcement of the order having expired, one more representation has been granted for consideration.
2. Learned counsel appearing for the Respondents
having vehemently opposed the petition on the ground of maintainability in view of res judicata , now fairly agrees to instruct his clients to look into the grievance of the Petitioner as has been made out in the subject representation in accordance with law and in time bound way.
In view of the above, Writ Petition is disposed off,
time for consideration is eight weeks, all contentions are kept open.
No costs.
CBC
Sd/JUDGE
1 issue framed by the court
Whether the writ petition was maintainable despite res judicata concerns.
2 provisions across 1 enactments
Sri Somashekhar N @ Somashekaraiah
The State of Karnataka
The Karnataka Industrial Areas Development Board
The Development Officer and Executive Engineer-1
The Special Land Acquisition Officer-1
Krishna S Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
