Disposed

Padma K v. the State of Karnataka

Karnataka HC13 Apr 2023WP/4781/2023

Case brief

AI extract

What is this about?

This single bench disposed of a writ petition filed by land refugee heirs against non-payment of land acquisition compensation. The court directed petitioners to submit a complete representation with details within four weeks for consideration by the third respondent.

What did the court decide?

Directing petitioners to submit an appropriate representation supported by necessary documents within four weeks for reconsideration by the third respondent within eight weeks.

Padma K Vs the State of Karnataka — Land Acquisition | Karnataka HC (2023)

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1 - WP No. 4781 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^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. 4781 OF 2023 (LA-KIADB)

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BETWEEN:

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PADMA K AGED ABOUT 70 YEARS, W/O B K SAMPATH KUMAR, #20/A, 1^ST FLOOR, 2^ND CROSS, CORNER HOUSE LEFT SIDE, NEAR SAMBRAM COLLEGE, SAI NAGAR 1^ST PHASE, BANGALORE NORTH, VIDYARANYAPURA, KARNATAKA - 560 097. (SENIOR CITIZEN BENEFIT NOT CLAIMED)

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

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B S BALASUBRAMANYAM, AGED ABOUT 44 YEARS, S/O B K SAMPATH KUMAR, #20/A, 1^ST FLOOR, 2^ND CROSS, AMBABHAVANI TEMPLE ROAD, VIDYARANYAPURA, BANGALORE NORTH, BANGALORE, KARNATAKA - 560 097.

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BARATHI B S, AGED ABOUT 53 YEARS, W/O SHYAM SUNDAR B S, #12, 1^ST CROSS, NETAJI LAYOUT, VADERAHALLI, BANGALORE NORTH, VIDYARANYAPURA, BANGALORE – 560 097.

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VIJAYALAKSHMI, AGED ABOUT 47 YEARS, W/O KRISHNAKUMAR A S, 324, 10^TH CROSS, M S R NAGAR, BANGALORE – 560 054.

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…PETITIONERS (BY SRI.OMKAR BASAVA PRABHU.,ADVOCATE)

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WP No. 4781 of 2023

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AND:

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THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT, DEPARTMENT OF REVENUE, M S BUILDING, DR.AMBEDKAR VEEDHI, BANGALORE – 560 001.

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SPECIAL LAND ACQUISITION OFFICER-2, KIADB, NO.14/3, 1^ST FLOOR, MAHARSHI ARVINDA BHAVAN, N T ROAD, BANGALORE – 560 001.

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BANGALORE WATER SUPPLY AND SEWERAGE BOARD, BY ITS CHAIRMAN, 1^ST FLOOR, CAUVERY BHAVAN, K G ROAD, BANGALORE – 560 009.

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…RESPONDENTS

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(BY SRI. R SRINIVASA GOWDA., AGA FOR R1; SRI. C RAMAKRISHNA., ADVOCATE FOR R2; SRI. B L SANJEEV., ADVOCATE FOR R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT TO RESPONDENTS TO CONSIDER THE REPRESENTATION GIVEN BY P-2 DATED 24/11/2022 VIDE ANNEXURE-A 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 short grievance of the Petitioners who claim to be the L.Rs of the deceased erstwhile owner of property in

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WP No. 4781 of 2023

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question are knocking at the doors of Writ Court against non-payment of compensation for the land taken by way of acquisition.

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2. Learned counsel for the Petitioners submits that

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his clients and their predecessors-in-title had sent several representations seeking payment of compensation and all they have fallen on the deaf ears of the authorities that be. He presses into service Article 350 of the Constitution of India which mandates consideration of the representations where a citizen aires his grievance. He adds that consideration of representation should also be informed to the citizen making such representation vide W.P.No.15928/2022 disposed off on 25.09.2022 between SRI PRAKASH VS. THE COMMISSIONER AND OTHERS . The respondent-State is represented by learned AGA, learned Panel Counsel Sri.C.Ramakrishna appears for 2^nd respondent-Spl. Land Acquisition Officer of KIADB; learned Panel Counsel Sri.B.L.Sanjeev appears for 3^rd respondent.

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WP No. 4781 of 2023

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Learned AGA submits that though the

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representations is given, it does not make much sense that it was given to the Spl. Land Acquisition Officer with an incomplete address and therefore, no decision could have been taken thereof. Learned counsel appearing for the 3^rd respondent submits that if Petitioners give an appropriate representation with all material particulars, the same shall be considered, in accordance with law. This is appreciable.

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In view of the above, the Writ Petition is disposed off reserving liberty to the Petitioners to given an appropriate representation supported by necessary documents. If the same is given within four weeks, it shall undergo consideration at the hands of respondent No.3 in accordance with law and within an outer limit of eight weeks, all contentions are kept open, costs having been made easy.

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Sd/JUDGE

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cbc

Padma K v. the State of Karnataka

Case brief

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Padma K v. the State of Karnataka

Case brief

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