In a preliminary hearing, the petitioner alleged unauthorized taking of his land. The court directed the respondents to consider the petitioner's representations within three months without delay.
Respondents Directed to consider representations within three months.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JANUARY, 2023
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.677 OF 2023 (LA-RES)
BETWEEN:
SRI. KUBERAPPA S/O LATE RUDRAPPA AGED ABOUT 80 YEARS, AGRICULTURIST R/O 6th CROSS, HOSAMANE EXTENSION, JAIL ROAD, LEFT SIDE, SHIVAMOGGA - 577 202.
…PETITIONER
(BY SRI. S.B.TOTAD, ADVOCATE)
AND:
ITS CHIEF SECRETARY
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…RESPONDENTS
(BY SRI. SRINIVAS GOWDA, AGA FOR R1 TO R5; NOTICE TO R6 & R7 IS D/W V/O DTD. 12/01/2023)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE PETITIONER AT ANNEXURE-F DTD. 02.10.2022; AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner is grieving before the Writ Court against the
alleged taking away of the part of his land by the State to
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the extent of 34 Guntas or so, for the public project in question. Learned counsel for the Petitioner argues that right to property having been constitutionally guaranteed under Article 300A, the land of the citizen cannot be touched without the due process of law which necessarily includes acquisition proceedings being initiated, award being passed and compensation being paid as held by the Apex Court in a catena of decisions. He also points out that his client has made Representations at Annexures - D & D1, both dated 17.09.2021 followed by a Legal Notice dated 14.10.2022 (Annexure-E) in this regard.
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graciously agrees to instruct his clients to look into grievance of the Petitioner as aired in the subject representations and the Legal Notice in accordance with law and within a reasonable period. This is really appreciable.
In view of the above, the Writ Petition is disposed off prescribing a period of three months for the due consideration of subject Representations of the Petitioner and also informing him of the result of such consideration, as well.
The answering Respondents may solicit any information/ documents from the side of the Petitioner for consideration of subject Representations; however, in the guise of such solicitation, no delay shall be brooked. All contentions are kept open.
Costs made easy.
Sd/JUDGE
DS
1 issue framed by the court
Whether the petitioner is entitled to relief regarding alleged encroachment on his land for a public project without due process of law.
2 provisions across 1 enactments
Sri. Kuberappa S/o Late Rudrappa
The State of Karnataka
The Deputy Commissioner Shivamogg a District
The Chief Engineer Department of Minor Irrigation
The Superintendent Engineer Department of Minor Irrigation
The Executive Engineer Minor Irrigation Department
Krishna S Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
