This single paragraph oral order disposes of a writ petition seeking mandamus for compliance with Article 300-A regarding land acquisition for road widening. The court directed the state to follow due process.
Respondents directed to follow due procedure under Article 300-A; property not used for civil work except by acquisition or mutual negation.
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.
NC: 2024:KHC:37378 WP No. 12487 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
WRIT PETITION NO. 12487 OF 2020 (LB-RES)
BETWEEN:
SRI BHASKAR V S AGED ABOUT 46 YEARS S/O V K SUBBAIAH SHETTY R/A NO.710, AMMAVARIPET KOLAR TOWN, KOLAR-563101.
…PETITIONER
(BY SRI. NARAYANASWAMY K., ADVOCATE)
AND:
Digitally signed by R DEEPA Location: HIGH COURT OF KARNATAKA
BENGALURU - 560001
BENGALURU 560 001
NC: 2024:KHC:37378 WP No. 12487 of 2020
KOLAR TOWN, KOLAR 563101
…RESPONDENTS
(BY SRI. H.K. KENCHEGOWDA, AGA FOR R1 TO R4 SRI. J.G. CHANDRA MOHAN, ADVOCATE FOR R5 SMT. VEENA KUMARI, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO OBEY RESPECT AND FOLLOW THE DUE PROCEDURE OF LAW GUARANTEED UNDER ARTICLE 300-A OF CONSTITUTION OF INDIA.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI
ORAL ORDER
The petitioner has filed this writ petition seeking for a mandamus directing mandamus directing the respondents to obey, respect and follow the due procedure of law guaranteed under the Article 300-A of Constitution of India.
at Ammavarpet, Kolar Town, Kolar. The details of property is set out in the schedule in the writ petition.
dispute the same.
NC: 2024:KHC:37378 WP No. 12487 of 2020
resort to road widening, the same is to be resorted to, strictly in accordance with due process of law.
Accordingly, the writ petition is disposed of .
Sd/(ASHOK S.KINAGI) JUDGE
SSB
1 issue framed by the court
Whether to issue a writ directing respondents to follow due procedure under Article 300-A regarding road widening affecting the petitioner's property.
2 provisions across 1 enactments
SRI BHASKAR V S
THE STATE OF KARNATAKA
THE PRINCIPAL SECRETARY TOWN PLANNING DEPARTMENT
THE DEPUTY COMMISSIONER ZILLA PANCHAYATH
THE EXECUTIVE ENGINEER DEPARTMENT OF PWD
THE COMMISSIONER MUNICIPAL COUNCIL KOLAR TOWN
ASHOK S.KINAGI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
