Allowed

Sri Govindaraju v. the Prl Secretary

Karnataka HC18 Mar 2024WP/2590/2024

Case brief

AI extract

What is this about?

A reference under Section 18(3)(b) of the Land Acquisition Act was closed for default due to the petitioner's absence. The High Court held this procedure improper, set aside the order and directed the Reference Court to record the respondents' evidence and dispose of the reference on merits.

What did the court decide?

Impugned order dated 22.11.2023 in LAC No. 341/2023 set aside; Reference Court directed to take respondents' evidence and dispose of the reference on merits; parties directed to appear on 08.04.2024.

Sri Govindaraju Vs the Prl Secretary — Land Acquisition | Karnataka HC (2024)

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1 - NC: 2024:KHC:11070 WP No. 2590 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE N S SANJAY GOWDA

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WRIT PETITION NO. 2590 OF 2024 (LA-RES)

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BETWEEN:

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SRI.GOVINDARAJU, S/O LATE RAMAIAH, AGED ABOUT 54 YEARS, RESIDENT OF ALISANDRA VILLAGE, BINDIGANAVILE HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT-571 401.

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…PETITIONER

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(BY SRI.RAJA L., ADVOCATE)

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AND:

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Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

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THE PRL. SECRETARY, REVENUE DEPARTMENT, M.S.BUILDING, BENGALURU - 560 001.

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THE DEUPTY CHIEF ENGINEER, (WORK) SOUTHERN WESTERN REILWAYS, BENGALURU CANTONMENT, BENGALURU-560 001.

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THE SPEICAL LAND ACQUISTION OFFICER / ASSISTANT COMMISSIONER, PANDAVAPURA SUB-DIVISION, PANDAVAPURA, PANDAVAPURA TALUK,

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NC: 2024:KHC:11070 WP No. 2590 of 2024

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MANDYA DISTRICT-571 401.

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THE DEPUTY COMMISSIONER, MANDYA, MANDYA DISTRICT - 571 401.

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…RESPONDENTS

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(BY SMT.B.P. RADHA., AGA FOR R1, 3 AND 4) (SRI.VINAY VENUGOPAL., CGC FOR R2)

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUSHING THE ORDER PASSED BY THE ADDL SENIOR CIVIL JUDGE AND JMFC AT NAGAMANGALA VIDE ORDER DTD 22.11.2023 IN LAC NO. 341/2023 VIDE ANNX-E AND ETC,.

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

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ORDER

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In a reference under Section 18(3)(b) of the Land

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Acquisition Act, the Reference Court, taking note of the petitioner's absence, has proceeded to pass an order, closing the petition for the time being.

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In my view, such a procedure followed would be improper. The impugned order is, therefore, set aside and the reference Court is directed to consider the petition on merits and pass appropriate orders.

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NC: 2024:KHC:11070 WP No. 2590 of 2024

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Learned counsel for the petitioner submits that the evidence of both the parties have been concluded. However, it is noticed from the order sheet that the case was posted for respondents' evidence. If that be so, the Trial Court is directed to permit the respondent to adduce its evidence and thereafter proceed to dispose the matter on merits.

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Since both the parties are representing before the

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Court, they are directed to be present before the Court on

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08.04.2024 and to take further instructions.

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Sd/JUDGE

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RMS List No.: 1 Sl No.: 18

Sri Govindaraju v. the Prl Secretary

Case brief

What is this about?

What did the court decide?

Sri Govindaraju v. the Prl Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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