Disposed¶38

Sri Shivanand S/O Shankrappa Ravatara v. the Special Land Acquisition Officer

Karnataka HC26 Apr 2025WP/102221/2025

Case brief

AI extract

What is this about?

Land acquisition - NH-367 Banapur-Gaddanakeri Section / National Highways Division, Dharwad - mandamus to consider representations dated 23.01.2024 and 18.03.2025 (Annexures G and J) - direction not to precipitate matter / no coercive demolition of suit structures till consideration - eight-week timeline - Articles 226 and 227 Constitution of India - WP (LA-RES) - Dharwad Bench - disposed.

What did the court decide?

Mandamus to the respondents to consider the petitioners' representations dated 23.01.2024 and 18.03.2025 (Annexures-G and J) in accordance with law within eight weeks from receipt of the certified copy of the order, if not already considered; respondents directed not to precipitate the matter till such consideration. ¶38

Sri Shivanand S/O Shankrappa Ravatara Vs the… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus should issue directing the respondents to consider the petitioners' representations dated 23.01.2024 and 18.03.2025 (Annexures-G and J). +1 more

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Court's answer

A mandamus was ordered directing the respondents to consider the representations dated 23.01.2024 and 18.03.2025 submitted by the petitioners vide Annexure-G and J.

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Ratio / Principle

The consideration of the representations is to be in accordance with law, within eight weeks from receipt of the certified copy of the order, if not already considered.

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Key takeaways

The respondents were directed not to precipitate the matter till the consideration of the representations submitted by the petitioners.ratio¶35

Detailed headnote1 paragraphs

Five agriculturist brothers of Belur village, Badami taluk, Bagalkot district filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus against the Special Land Acquisition Officer and Competent Authority (Banapur-Gaddanakeri Section, NH-367) and the Special Land Acquisition Officer and Competent Authority (National Highways Division), Dharwad, to consider their representations dated 23.01.2024 and 18.03.2025 (Annexures-G and J), apprehending coercive steps for demolition of the suit structures. The HCGP stated on instructions that no steps were being taken to demolish the suit structures. The Court (Jyoti Mulimani, J.) ordered mandamus directing the respondents to consider the representations in accordance with law within eight weeks from receipt of the certified copy of the order, if not already considered, and further directed the respondents not to precipitate the matter till such consideration. The writ petition was disposed of.

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1 - NC: 2025:KHC-D:6927 WP No. 102221 of 2025

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 26^TH DAY OF APRIL, 2025

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI

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WRIT PETITION NO. 102221 OF 2025 (LA-RES)

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BETWEEN:

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SRI. SHIVANAND S/O SHANKRAPPA RAVATARA, AGE: 52 YEARS, OCC: AGRICULTURE, R/O: BELUR, TQ: BADAMI, DIST: BAGALKOT.

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SRI. BASAVARAJ S/O SHANKRAPPA RAVATARA, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: BELUR, TQ: BADAMI, DIST: BAGALKOT.

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SRI. SHRISHAIL S/O SHANKRAPPA RAVATARA, AGE: 48 YEARS, OCC: AGRICULTURE, R/O: BELUR, TQ: BADAMI, DIST: BAGALKOT.

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Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA

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SRI. ISHWAR S/O SHANKRAPPA RAVATARA, AGE: 46 YEARS, OCC: AGRICULTURE, R/O: BELUR, TQ: BADAMI, DIST: BAGALKOT.

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SRI. ASHOK S/O SHANKRAPPA RAVATAR, AGE: 44 YEARS, OCC: AGRICULTURE, R/O: BELUR, TQ: BADAMI, DIST: BAGALKOT.

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… PETITIONERS (BY SRI. SACHHIDAND C. PATIL, ADVOCATE FOR SRI. S.S. YALIGAR, ADVOCATE)

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NC: 2025:KHC-D:6927 WP No. 102221 of 2025

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AND:

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THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY, BANAPUR-GADDANAKERI SECTION, NH-367, MINI VIDHAN SOUDHA, DHARWAD, TQ: AND DIST: DHARWAD-580 007.

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THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY, NATIONAL HIGHWAYS DIVISION, MINI VIDHAN SOUDHA, DHARWAD, TQ: AND DIST: DHARWAD-580 007.

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… RESPONDENTS

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(BY SMT. KIRTILATA R. PATIL, HCGP)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

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THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER:

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ORAL ORDER

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Sri.Sachhidand C.Patil., counsel on behalf of

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Sri.S.S.Yaligar., for the petitioners and Smt.Kirtilata R.Patil., HCGP for the respondents have appeared in person.

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The captioned Writ Petition is filed seeking a Writ of Mandamus directing the respondents to consider the representations dated:23.01.2024 and 18.03.2025 issued by the petitioners vide Annexures-G and J.

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3 - NC: 2025:KHC-D:6927 WP No. 102221 of 2025

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Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care.

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The apprehension of the petitioners is that the respondents are taking coercive steps for demolition of the suit structures. Hence, they contend that an appropriate direction may be issued to the respondents not to take coercive steps till the consideration of their representations.

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HCGP on instructions submits that the respondents

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are not taken any steps to demolish the suit structures.

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The oral submission made by counsel for the

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respective parties is placed on record.

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A Mandamus is ordered directing the respondents to consider the representations dated:23.01.2024 and 18.03.2025 submitted by the petitioners vide Annexure-G and J in accordance with law, within eight weeks from the receipt of certified copy of this order, if not already considered. The respondents are hereby directed not to precipitate the matter till the consideration of the representations submitted by the petitioners.

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NC: 2025:KHC-D:6927 WP No. 102221 of 2025

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8. Resultantly, the Writ Petition is disposed of.

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Sd/(JYOTI MULIMANI) JUDGE

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MRP/RH LIST NO.: 1 SL NO.: 35

Sri Shivanand S/O Shankrappa Ravatara v. the Special Land Acquisition Officer

Case brief

What is this about?

What did the court decide?

Sri Shivanand S/O Shankrappa Ravatara v. the Special Land Acquisition Officer

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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