Under Art 21 and 226, the High Court ordered a respondent to dispose of a Section 28A Land Acquisition refund claim within three months due to undue delay, accepting the respondent's offer to expedite.
Direction to the Deputy Commissioner to hear and dispose of the subject claim under Section 28A of the Land Acquisition Act, 1894 within three months.
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.
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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 9th DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.91 OF 2023(LA-RES)
BETWEEN:
NANJUNDAPPA, S/O LATE HERJAPPA, AGED ABOUT 68 YEARS, R/O HALANURU VILLAGE, TUMAKURU TALUK & DISTRICT – 572 101. BENEFIT OF SENIOR CITIZEN NOT CLAIMED.
...PETITIONER
(BY SRI. PATEL D KAREGOWDA, ADVOCATE)
AND:
… RESPONDENTS
(BY SRI.R SRINIVASA GOWDA, AGA FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 TO CONSIDER AND DISPOSE OF THE PETITION NO.SLAO.SR(T) NO.2/03-04 DATED 3.8.2020 VIDE ANNEXURE-C TO THE W.P.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
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ORDER
The short grievance of the Petitioner is as to the long pendency of his claim under Section 28A of the erstwhile Land acquisition Act, 1894. Learned counsel for the Petitioner argues that the speedy justice being a facet of Article 21 of the Constitution of India, claims of the cannot be kept in a limbo indefinitely and therefore, a direction be issued to hear & dispose off the same in accordance with law, at the earliest.
2. Learned AGA appearing for the Respondent
although initially opposed the Writ Petition contending that the Deputy Commissioner of the District happens to be one of the officers in as many as 13 legislations and as a consequence, he will have a lot of work pressure and therefore, prayer of the kind cannot be granted. Having so contended, now he agrees to instruct his clients to look into the grievance of the Petitioner in accordance with law and within a time bound way. This is appreciable.
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In view of the above, the Writ petition is disposed
off directing the jurisdictional Respondent to hear & dispose off the subject claim of the Petitioner in accordance with law within an outer limit of three months.
All contentions are kept open.
Now, no costs.
Sd/JUDGE
Bsv
1 issue framed by the court
Whether directions should be issued for disposal of a claim under Section 28A of the Land Acquisition Act, 1894 amidst long pendency.
Colour shows how this judgement treated each authority
Article 21 of the Constitution of IndiaReferred¶20
NANJUNDAPPA, S/O LATE HERJAPPA
DEPUTY COMMISSIONER, TUMAKURU DISTRICT
SPECIAL LAND ACQUISITION OFFICER, HEMAVATHI CANAL DIVISION
KRISHNA S.DIXIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
