Petitioners sought mandamus to act on representations claiming damages to agricultural property from dam construction and a retention wall. Respondents paid compensation and undertook to build a retention wall; the court disposed of the writ petition as infructuous.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
WRIT PETITION NO. 5441 OF 2023 (LB-RES)
BETWEEN:
AGED 64 YEARS, R/AT 4-408(1), GUNDIBETTU, KALLIGE DAKSHINA KANNADA DISTRICT-574 219
S/O LATE FAKRUDDIN AGED 67 YEARS, R/AT D.NO.4-219 VALAVOOR HOUSE, KALLIGE VILLAGE, DAKSHINA KANNADA-574 219
S/O JANU SAPALAYA,
Digitally signed by YAMUNA K L Location: High Court of Karnataka
AGED 62 YEARS, R/AT NO.4-379,
DARIBAGILU HOUSE, KALLIGE VILLAGE AND POST, BANTWAL TALUK-574216
4. BHASKAR B
S/O LATE JANU SAPALYA, AGED 57 YEARS,
R/AT NO.4-379/1, DARIBAGILU HOUSE, KALLIGE VILLAGE AND POST, BANTWAL TALUK-574219.
5. GANGADHARA
S/O LATE JANU SAPALYA, AGED 56 YEARS, R/AT FLAT NO.203, 86/10, MAIN ROAD, MUTTAYALA NAGARA, GRAPES VIEW CASTLE APARTMENT, BANGALORE NORTH-560064.
R/AT 4-394, PERIYODI BEEDU KALLIGE VILLAGE AND POST, DAKSHINA KANNADA DISTRICT-574219.
W/O LINGAPPA
AGED 63 YEARS,
R/AT NO.4-379/2, DARIBAGILU HOUSE, KALLIGE VILLAGE AND POST, BANTWAL TALUK-574219.
…PETITIONERS
(BY SRI. DHANANJAY KUMAR, ADVOCATE)
AND:
…RESPONDENTS
(BY SRI H.K. KENCHEGOWDA, AGA FOR R1, R2, R4 TO R8 SRI HAREESH BHANDARY T., ADVOCATE FOR R3)
NC: 2024:KHC:38603 WP No. 5441 of 2023
THIS WRIT PETITION IS FILED PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER AND TO TAKE APPROPRIATE ACTION PURSUANT TO THE REPRESENTATION MADE BY THE PETITIONERS DTD 30.07.2021, 12.07.2021, 04.11.2022, 09.07.2021, 24.11.2021 AND 09.07.2019 VIDE ANNEXURES-A TO A9.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI
ORAL ORDER
The petitioners have filed this writ petition seeking for a mandamus directing the respondents to take appropriate action pursuant to the representations made by them dated 30.07.2021, 12.07.2021, 04.11.2022, 09.07.2021, 24.11.2021 and 09.07.2019 vide Annexures-A to A9, wherein the petitioners requested the respondents to pay damages caused to the agricultural properties of the petitioners due to construction of dam and also requested to construct a retention wall.
NC: 2024:KHC:38603 WP No. 5441 of 2023
filed a memo stating that the Corporation has paid compensation for the damages caused to the crops of the petitioners and also taken initiative to build a retention wall.
The respondents have paid compensation amount to the petitioners and also undertaken to construct a retention wall. In view of the same, nothing survives for consideration in this writ petition.
become infructuous.
Sd/(ASHOK S.KINAGI) JUDGE
PN List No.: 1 Sl No.: 49
1 issue framed by the court
Whether respondents should act on petitioners' representations seeking compensation for crop damage from dam construction and construction of a retention wall.
Sri Lokaya
Moideenaba
Purushotthama
Bhaskar B
Gangadhara
Ramesh Bhandary
Ashok S. Kinagi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
