Writ petition filed seeking direction to survey and demarcate land measured at 2 acres 21 guntas. Court held that since the final award and compensation were already disbursed in 2014, the request is not maintainable as the preliminary notification stage has passed. Petition dismissed.
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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 101031 OF 2017 (LA-RES)
BETWEEN:
SHRI.KRISHNAMURTHY S/O RAMACHANDRAPPA INGALAHALLI, AGE: 53 YEARS, OCC: AGRICULTURE R/O "SHRI VENKATADRI", NO.137/2, 34 A, 4TH MAIN, 5TH CROSS, VIVEKANAND NAGAR, VIDYAGIRI, DHARWAD.
…PETITIONER
(BY SRI. SABEEL AHMED, ADV. FOR SRI.A.S.PATIL, ADV.)
AND:
NATIONAL HIGHWAY, MINI VIDHANA SOUDHA DHARWAD
…RESPONDENTS
(BY SRI. V.S.KALASURMATH, HCGP FOR R1 TO R4 AND R7 R5 AND R6 ARE SERVED)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONDUCT THE SURVEY OF THE LAND BELONGING TO THE PETITIONER BEARING SY.NO.76/4 AND THE LAND BELONGING TO THE NEIGHBORS BEARING SY.NO.76/1 TO 76/7 AND TO DEMARCATE THE LAND MEASURING TO AN EXTENT OF 2 ACRES 21 GUNTAS WHICH IS SOUGHT TO BE ACQUIRED BY THE RESPONDENT NO.4 BY FIXING THE BOUNDARIES BY CONSIDERING THE REPRESENTATIONS SUBMITTED BY THE PETITIONER ON 29.12.2016 AND 11.01.2017 AS PER ANNEXURES-E AND H RESPECTIVELY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The land bearing Sy. No.76/4 measuring 10 acres 36 guntas situated at Yamanur Village of Navalgund Taluk out of which 2 acres 21 guntas was acquired by the respondent No.4 for providing by-pass to the Hubballi-Vijayapura National Highway. The petitioner is seeking for a direction to conduct survey of the land belonging to the petitioner, and the lands belonging to the neighbours to demarcate the land measuring to an extent of 2 acres 21 guntas which is acquired by the 4th respondent.
NC: 2024:KHC-D:290 WP No. 101031 of 2017
petitioner’s request cannot be considered. Accordingly, the petition stands dismissed.
Sd/JUDGE
RSH LIST NO.: 2 SL NO.: 67
1 issue framed by the court
Whether a writ under Articles 226 and 227 can direct the authorities to conduct a survey and demarcation of land acquired under a final award.
2 provisions across 1 enactments
Shri Krishnamurthy
Deputy Commissioner, Survey Section, Dharwad
Hemant Chandangoudar
As recorded by the court registry
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