Disposed

Sri Ramappa v. the State of Karnataka

Karnataka HC6 Mar 2024WP/1380/2021

Case brief

AI extract

What is this about?

A writ petition filed by a landowner challenging the installation of solar panels on his property. The High Court directed specific respondents to consider representations made by the petitioner within three months, without deciding the merits of the claim.

What did the court decide?

Direction to respondents to consider petitioner's representations regarding solar panel installation and pass appropriate orders within three months.

Sri Ramappa Vs the State of Karnataka — Land Acquisition | Karnataka HC (2024)

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1 - NC: 2024:KHC:9311 WP No. 1380 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

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WRIT PETITION No. 1380 OF 2021 (GM-KEB)

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BETWEEN:

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SRI RAMAPPA, S/O CHODAPPA @ GORLA CHOWDAPPA, AGED ABOUT 60 YEARS, IDDILIVARAPALLI VILLAGE, CHELUR HOBLI, BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT – 563 124.

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…PETITIONER

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(BY SRI RAVINDRA V. REDDY., ADVOCATE)

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AND:

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Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka

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THE STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, DR. AMBEDKAR VEEDI, BENGALURU – 560 001.

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ENERGY DEPARTMENT, GOVERNMENT OF KARNATAKA, VIKASA SOUDHA, DR. AMBEDKAR VEEDI, BENGALURU - 560 001. REPRESENTED BY ITS ADDL. CHIEF SECRETARY,

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KARNATAKA RENEWWABLE ENERGY DEVELOPMENT LTD., (KREDL) HEAD OFFICE No.39, SHANTHIGRUHA, BHARATH SCOUTS AND GUIDES BUILDING, PALACE ROAD, BENGALURU – 560 001.

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2 - NC: 2024:KHC:9311 WP No. 1380 of 2021

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REPRESENTED BY ITS

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MANAGING DIRECTOR,

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BENGALURU ELECTRICAL COMPANY LIMITED., (BESCOM), CORPORATE OFFICE, BESCOM, K R CIRCLE, BENGALURU - 560 001. REP. BY ITS MANAGING DIRECTOR.

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M/S EMMVEE PHOTOVOLTAIC POWER PVT. LTD., 13/1, INTERNATIONAL AIRPORT ROAD, BETTAHALASUR POST, BENGALURU – 562 157. REPRESENTED BY ITS MANAGING DIRECTOR, G.V. BALARAM,

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M/S ENERGY SYSTEM SUM POWER PVT. LTD., LAKSHMAIAH BLOCK, GANGANAGAR No.55, SOLAR TOWER, 6^TH MAIN, 11^TH CROSS, BENGALURU – 560 024. REPRESENTED BY ITS MANAGER.

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DEPUTY COMMISSIONER, CHIKKABALLAPURA DISTRICT, CHIKKABALLAPURA - 562 101.

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ASSISTANT COMMISSIONER, CHIKKABALLAPURA SUB DIVISION, CHIKKABALLAPURA - 562 101.

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TAHASILDAR, BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT – 561 207.

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SUPERINTENDENT OF POLICE, CHIKKABALLAPURA DISTRICT, CHIKKABALLAPURA - 562 101.

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SUB INSPECTOR, CHELUR POLCE STATION, BAGEPALLI TALUK, CHIKKABALLAPUR DISTRICT – 563 124.

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3 - NC: 2024:KHC:9311 WP No. 1380 of 2021

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EXECUTIVE OFFICER, BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT - 561 207.

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PULGUL GRAM PANCHAYAT, PULGUL VILLAGE, CHELUR HOBLI, BAGEPALLI TALUK, CHIKKABALAPURA DISTRICT, REPRESENTED BY ITS PANCHAYAT DEVELOPMENT OFFICER – 563 124.

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…RESPONDENTS

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(BY SRI B. RAVINDRANATH, AGA FOR R1, R2 AND R7 TO R13; SMT. M.S. PRATHIMA, ADVOCATE FOR R3; SMT. SUMANA NAGANAND, ADVOCATE FOR R4; SMT. MONICA PATIL, ADVOCATE FOR R5 & R6)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R- 7, 8, 9 AND 13 TO CONSIDER THE REPRESENTATIONS OF THE PETITIONER DATED 27.01.2020 (ANNX-P, Q, R AND S). QUASH THE LETTER OF AWARD AND ALLOTMENT LETTER DATED 31.03.2016 (ANNX-C) ISSUED BY R-3 TO THE R-5 BY ACCEPTING ITS BID FOR ESTABLISHMENT OF SOLAR POWER PROJECT FOR 20MW IN BAGEPALLI TALUK, CHIKKABALLAPURA TO BE IMPLEMENTED IN LANDS OF THE PETITIONERS IN THE VILLAGES OF DABBARABARIPALLI AND OODAVARIPALLI.

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THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner asserts that he is the owner of the land bearing Sy.No.66 measuring 2-30 guntas situated at Bellalampalli Village, Chelur Hobli, Bagepalli Taluk, Chikkaballapura District.

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It is the case of the petitioner that the respondent without following due process of law has installed solar panels and accordingly, submitted a representation to Respondent Nos.5 and 6 to stop illegal installation of the solar panels. The petitioner

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NC: 2024:KHC:9311 WP No. 1380 of 2021

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submits that the Respondents have not acted upon the representation.

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The learned counsel for Respondent Nos.5 and 6 submits that the installation of the solar panels on the designated lands is completed, and therefore, letter of award issued in favour of Respondent Nos.5 and 6 does not warrant any interference.

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The petitioner asserts that his land has been utilized for installation of solar panels without following the due process of law. Therefore, the respondents are under an obligation to consider the representation submitted by the petitioner.

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Therefore, it is expedient to dispose of this petition directing Respondent Nos.7, 8,9 and 13 to consider the representations dated 27.01.2020 submitted by the petitioner at Annexures-P, Q, R and S and pass appropriate orders, in accordance with law within a period of three months from the date of certified copy of this order.

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Sd/JUDGE

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DH List No.: 1 Sl No.: 22

Sri Ramappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Ramappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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