Partly allowed

Sri. Partha G.N. v. the Chairman

Karnataka HC6 Mar 2024WP/1889/2024

Case brief

AI extract

What is this about?

Petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India seeking direction to the Chamarandeshwari Electricity Supply Company Ltd. and CESCOM officials to consider his representations regarding land acquired in violation of due process or grant an alternative site.

What did the court decide?

Directed the first respondent to consider the petitioner's representations dated 11.07.2023 and pass an appropriate order within four months.

Sri. Partha G.N. Vs the Chairman — Land Acquisition | Karnataka HC (2024)

¶1

¶2

NC: 2024:KHC:9309 WP No. 1889 of 2024

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF MARCH, 2024

¶4

BEFORE

¶5

THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

¶6

WRIT PETITION No. 1889 OF 2024 (GM-KEB)

¶7

BETWEEN:

¶8

SRI. PARTHA G.N., S/O LATE NANJAPPA, AGED ABOUT 64 YEARS, R/AT SHANTHI GRAMA VILLAGE AND POST, HASSAN TALUK AND DISTRICT, PIN 573202.

¶9

…PETITIONER

¶10

(BY SRI NARASIMHA MURTHY G. V., ADVOCATE)

¶11

AND:

¶12

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

¶13

THE CHAIRMAN, CHAMUNDESHWARI ELECTRICITY SUPPLY COMPANY LTD., KAVERY BHAVAN, BANGALORE 560001.

¶14

THE EXECUTIVE ENGINEER, CESCOM, B. M. ROAD, HASSAN-573201.

¶15

THE ASSISTANT EXECUTIVE ENGINEER, RURAL SUB-DIVISION, CESCOM, B. M. ROAD, HASSAN-573201.

¶16

THE SECTION OFFICER, CESCOM,

¶17

¶18

NC: 2024:KHC:9309 WP No. 1889 of 2024

¶19

SHANTHI GRAMA, HASSAN TALUK AND DISTRICT, PIN 573202.

¶20

…RESPONDENTS

¶21

(BY SRI H.V. DEVARAJU, ADVOCATE)

¶22

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 TO 4 TO CONSIDER THE REPRESENTATIONS MADE BY THE PETITIONER TO GRANT THE ALTERNATIVE LAND OR GRANT COMPENSATION IN FAVOR OF PETITIONER. THE PETITIONER MADE REPRESENTATIONS BEFORE THE R1 TO 4 AT ANNEXURE-F1 TO F4 DATED 11.07.2023.

¶23

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

¶24

ORDER

¶25

The petitioner asserts that he is the owner of the property of Sy.Nos.446/2 and 446/3 measuring 0-24½ guntas of land situated at Shanthigrama Village, Hassan Taluk and District. The petitioner had field a suit in O.S.No.213 of 2000 for declaration and mandatory injunction against the respondents herein from interfering with the suit schedule property. The said suit came to be dismissed. However, an observation was made stating the respondents have encroached a portion of the suit schedule property to an extent of 7½ guntas and the same was confirmed by this Court.

¶26

¶27

NC: 2024:KHC:9309 WP No. 1889 of 2024

¶28

The petitioner submitted a representation claiming compensation for having acquired 7½ guntas of land without following due process of law or in the alternative, allot alternate site. The respondents have not acted upon the representation.

¶29

The learned counsel for the respondents submits that the representation submitted would be considered in accordance with law.

¶30

Therefore it is expedient to dispose of the writ petitions directing second respondent to consider the representations dated 11.07.2023, 10.07.2023, 10.07.2023 and 11.07.2023 submitted by the petitioner at Annexures-F1 to F4 and pass an appropriate order in accordance with law within four months from the date of receipt of certified copy of this order.

¶31

Sd/JUDGE

¶32

¶33

List No.: 1 Sl No.: 16

Sri. Partha G.N. v. the Chairman

Case brief

What is this about?

What did the court decide?

Sri. Partha G.N. v. the Chairman

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M S Jagadeesh Kumar Vs the Excise Commissioner in Karnataka

Sri. a.v.Nagaraj Vs Sri. Jeevithesh M.S

Razorpay Software Private Limited Vs Union of India

Sri E Amarnath Vs the Regional Transport Authority

Sri Ramappa Vs the State of Karnataka

Mr. Shiv Swaroop Vs the State of Karnataka