Petitioner sought a mandamus directing respondents not to acquire his land without due process of law. The State stated any acquisition would follow due process. The court held no such pre-emptive direction could issue and dismissed the petition with a cost of Rs.1,000/-.
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NC: 2024:KHC:18985 WP No. 12096 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO.12096 OF 2019 (LA-RES)
BETWEEN:
TUMAKURU DISTRICT-572 302.
…PETITIONER
[BY SRI FAYAZ SAB B.G., ADVOCATE (ABSENT)]
AND:
Digitally signed by V MANJUSHA BAI Location: High Court of Karnataka
…RESPONDENTS
(BY SRI YOGESH D. NAIK, AGA FOR R.1.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS, IN THE NATURE OF DIRECTION OR ORDER, DIRECTING THE RESPONDENTS NOT TO ACQUIRE THE LAND BELONGS TO THE PETITIONER WITHOUT DUE PROCESS OF LAW, IN THE INTEREST OF JUSTICE AND EQUITY, ETC.
THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
prayers:-
" WHEREFORE , in the above facts and
circumstances of the case, it is most respectfully prayed that, this Hon'ble Court may be pleased to call for the entire records pertaining to the case of the Petitioner and grant the following relief(s):
1. TO, ISSUE A WRIT OF MANDAMUS , in
the nature of direction, or Order, directing the Respondents not to acquire the Land belongs to
the Petitioner without due process of Law, in the interest of justice and equity.
3. Learned Additional Government Advocate appearing
for respondent No.1 upon instructions submits that the petitioner has not produced sufficient material to show that the land belong to him. He further submits that in case the land has to be acquired, it will be acquired only by following the due process.
NC: 2024:KHC:18985 WP No. 12096 of 2019
petitioner as one cannot presume that the State is necessarily going to violate the law while acquiring any of
the lands.
hereby dismissed .
as per the order of this Court passed on 27.10.2023.
Sd/JUDGE
VMB
List No.: 1 Sl No.: 1
1 issue framed by the court
Whether the Court can direct the State not to acquire the petitioner's land without due process of law.
1 provisions across 1 enactments
Sri Gangarangegowda S/o Late Dasegowda
The State of Karnataka represented by its Secretary, Department of Revenue
The Tumakuru University represented by its Vice-Chancellor
The Registrar, Tumakuru University
M.I.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
