Disposed

Sri.Ramalingeshwara Math Harnahalli(Not Regd) v. the Chief Secretary

Karnataka HC27 Mar 2023WP/2892/2023

Case brief

AI extract

What is this about?

The Court disposed of the writ petition filed by a Mutt regarding compensation for acquired land. It directed the petitioner to implead himself in the pending land acquisition suit in the Civil Court rather than pursuing a fresh writ petition.

What did the court decide?

Petition disposed off directing the petitioner to seek impleadment in the pending Land Acquisition Suit.

Sri.Ramalingeshwara Math Harnahalli(Not Regd) Vs the… — Property and Title | Karnataka HC (2023)

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WP No. 2892 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 27^TH DAY OF MARCH, 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. 2892 OF 2023 (LA-BDA)

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BETWEEN:

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SRI.RAMALINGESHWARA MATH HARNAHALLI(NOT REGD) SHIVAMOGGA TALUK AND DISTRICT, BY ITS SECRETARY SRI. M VENKATAPPA S/O LATE MUNIGANGAPPA, AGED ABOUT 76 YEARS, R/A NO.B1-301, MATHRUSHREE RESIDENCY, THINDLU VILLAGE, VIDYARANYAPURA POST, BENGALURU-560 097. BENEFIT OF SENIOR CITIZEN NOT CLAIMED.

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…PETITIONER

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(BY SRI. UMESHA MURTHY J.M., ADVOCATE)

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AND:

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Digitally signed by CHETAN B C Location: HIGH COURT OF KARNATAKA

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THE CHIEF SECRETARY, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-560 001.

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THE CHAIRMAN, THE BANGALORE DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, KUMARAPARK WEST, BENGALURU-560 020.

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THE BANGALORE DEVELOPMENT AUTHORITY, BY ITS COMMISSIONER, T.CHOWDAIAH ROAD, KUMARAPARK WEST, BENGALURU-560 020.

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…RESPONDENTS

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(BY SRI.R SRINIVASA GOWDA., AGA FOR R1; SRI. K.KRISHNA., AGA FOR R2 & R3)

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WP No. 2892 of 2023

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE RESPONDENTS NOT TO DISBURSE ANY COMPENSATION IN RESPECT OF SY.NO.62 TO 65 OF JARAKABANDE KAVAL VILLAGE, YELAHANKA HOBLI, BENGALURU NORTH TALUK WHICH HAS BEEN ACQUIRED BY THE B.D.A. VIDE FINAL NOTIFICATION DATED 30/10/2018 VIDE ANNEXURE-F, ISSUED BY R1 TILL THE COMPLETION OF ENQUIRY PURSUANT TO VIDE ANNEXURE-B AND D AND ETC.

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

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ORDER

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Petitioner-Mutt claims to be interested in the land acquired for public purpose. Learned counsel for the Petitioner submits that in terms of the representation dated 14.9.2022, a copy thereof avails at Annexure-D, the BDA has to adjudge rival claims.

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Learned AGA appears for respondent No.1; learned Panel Counsel Sri.K.Krishna appears for respondent Nos.2 & 3. Both they submit that already L.A.C.No.51/2014 is pending on the file of the City Civil Court, Bengaluru and therefore, the grievance of the kind can be brought to the notice of the said court by seeking impleadment. This appears to be the right way.

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WP No. 2892 of 2023

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In view of that, Petition is disposed off, reserving liberty to him to seek his impleadment and work out his grievance in the said L.A.C. or elsewhere, in accordance with law. In that connection, all contentions are kept open.

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Costs made easy.

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Sd/JUDGE

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cbc

Sri.Ramalingeshwara Math Harnahalli(Not Regd) v. the Chief Secretary

Case brief

What is this about?

What did the court decide?

Sri.Ramalingeshwara Math Harnahalli(Not Regd) v. the Chief Secretary

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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