Disposed

Dyamanna S/O Yamanappa Jalageri v. the State of Karnataka

Karnataka HC4 Sept 2024WP/102155/2023

Case brief

AI extract

What is this about?

Writ petition filed for Certiorari and Mandamus under Articles 226 and 227. Petitioners dropped prayer to quash land acquisition award. Court issued mandamus directing respondents to consider petitioners' representations within six weeks and disposed of the petition without expressing opinion on merits.

What did the court decide?

A mandamus was ordered directing respondents 2 and 3 to consider the representations submitted by the petitioners vide Annexures-E and F, in accordance with the law, within six weeks from the date of

Dyamanna S/O Yamanappa Jalageri Vs the State of Karnataka — Land Acquisition | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:12764 WP No. 102155 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 4^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 102155 OF 2023 (LA-RES)

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BETWEEN:

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DYAMANNA S/O YAMANAPPA JALAGERI, AGE: 48 YEARS, OCC: BUSINESS/AGRICULTURE,

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MANJUNATH S/O YALLAPPA KAJUR, AGE: 37 YEARS, OCC: BUSINESS/AGRICULTURE,

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GOPAL @ GIRIYAPPA S/O PUNDALIKAPPA HALAKATTI, AGE: 34 YEARS, OCC: BUSINESS/AGRICULTURE,

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CHIDANAND S/O DEVAPPA HALAKATTI, AGE: 47 YEARS, OCC: BUSINESS/AGRICULTURE,

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MAHANTESH S/O MALLESHAPPA HARAVI, AGE: 39 YEARS, OCC: BUSINESS/AGRICULTURE,

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Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

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ALL ARE R/O: MUCHAKANDI L T-1 VILLAGE OF BAGALKOTE TALUKA AND DISTRICT.

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…PETITIONERS

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(BY SRI. MANJUNATH.A.KARIGANNAVAR., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, BY ITS SECRETARY TO THE REVENUE DEPARTMENT, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560 001.

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THE DEPUTY COMMISSIONER, BAGALKOTE-587 101.

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NC: 2024:KHC-D:12764 WP No. 102155 of 2023

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THE ASSISTANT COMMISIONER AND THE SPECIAL LAND ACQUISITION OFFICER, BAGALKOTE-587 101.

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…RESPONDENTS

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(BY SRI. SHIVAPRABHU.S.HIREMATH., AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

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THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:

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ORAL ORDER

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Sri.Manjunath A.Karigannavar., counsel for the

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petitioners and Sri.Shivaprabhu S.Hiremath., AGA for the respondents have appeared in person.

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The captioned Writ Petition is filed seeking the following reliefs:

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a) Issue a Writ of Certiorari to quash the award dated

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27.11.2013 passed by the third respondent in No.LAQ/SR/12/11-12 vide Annexure-D in respect of R.S.No.187/1C to an extent of 12 Guntas 05 Annas situated at Muchakhandi Village, Bagalkot Taluk and District.

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3 - NC: 2024:KHC-D:12764 WP No. 102155 of 2023

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b) Issue a Writ of Mandamus directing respondents 2

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and 3 to consider the representations dated 18.08.2022 vide Annexures-E and F.

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Counsel Sri.Manjunath A.Karigannavar., submits that the petitioners are not pressing prayer (a).

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The oral submission about non-pressing of prayer (a) is placed on record.

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As far as prayer (b) is concerned, counsel for the petitioners submits that a Mandamus may be ordered directing respondents 2 and 3 to consider the representations submitted by the petitioners.

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AGA submits that if a direction is issued, respondents 2 to 3 would consider the representations submitted by the petitioners in accordance with the law.

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The oral submission made by counsel for the respective parties is placed on record.

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A mandamus is ordered directing respondents 2 and 3 to consider the representations submitted by the petitioners vide Annexures-E and F, in accordance with the law, within six

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4 - NC: 2024:KHC-D:12764 WP No. 102155 of 2023

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weeks from the date of receipt of the certified copy of this order.

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6. Resultantly, the Writ Petition is disposed of.

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This Court has not expressed any opinion on the merits of

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the case.

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Sd/(JYOTI MULIMANI) JUDGE

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TKN List No.: 2 Sl No.: 62

Dyamanna S/O Yamanappa Jalageri v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Dyamanna S/O Yamanappa Jalageri v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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