Sri Lakshmana Vs State of Karnataka

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSITUTION OF INDIA PRAYING TO QUASHING THE AWARD NOTICE BEARING NO. SLAO S.R. (THU-RA RAILWAY) 09/2011-12 DATED 12.02.2016 PASSED BY THE 2ND RESPONDENT AUTHORITY VIDE ANNEXURE-C IN RESPECT OF THE LAND BEARING SY. NO.44/2 MEASURING TO AN EXTENT OF 14 GUNTAS SITUATED AT MARALENAHALLI VILLAGE, KASABA HOBLI, TUMKUR TALUK AND DISTRICT.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL

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ORAL ORDER

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Petitioners are before this Court seeking following

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reliefs;

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a) Issue Writ in the nature of Certiorari or any other Order or Direction in the similar nature quashing the Award notice bearing No. SLAO S.R. (Thu-Ra Railway) 09/2011-12 dated 12.02.2016 passed by the 2nd respondent authority vide Annexure-C in respect of the lands bearing Sy. No. 44/2 measuring to an extent of 14 guntas situated at Maralenahalli village, Kasaba Hobli, Tumkur Taluk & District.

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b) Issue Writ in the nature of Mandamus or any other Writ or Direction in the similar nature directing the 2nd respondent authority to make payment of compensation in favour of the petitioners in respect of the acquired lands under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013;

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NC: 2025:KHC:3068 WP No. 11138 of 2023

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c) Grant any such other relief or relief's as this Hon'ble Court deems fit to grant in the facts and circumstances of the case in the interest of justice and equity.

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Learned counsel for the petitioners as well as

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the learned counsel for the respondents submit that the issue involved in this petition stands covered by the orders passed by the Coordinate Bench of this Court in W.P.No.23524-23537/2014 connected with W.P.No.2680226807/2014 dated 21.07.2016 which is consistently followed by the other Coordinate Bench of this Court including the order dated 21.06.2019 passed in W.P.Nos.13955-56/2018 produced by the petitioner at Annexure-E. In terms of which the awards that were passed therein have been set aside with a direction to the respondent-authorities to pass fresh award in terms of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

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In that view of the matter this Court do not see

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any reason not to allow this petition in the lines with the

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NC: 2025:KHC:3068 WP No. 11138 of 2023

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orders passed by the Coordinate Bench of this Court in the aforesaid writ petitions.

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In that view of the matter, petition is allowed .

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Impugned award dated 12.02.2016 passed by the respondent No.2 at Annexure-C is set aside. Respondent No.2 is directed to pass fresh award in terms of the direction issued by this Court in the order dated 21.07.2016 passed in W.P.No.23524-23537/2014 connected with W.P.No.26802-26807/2014 and

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subsequent orders passed in the similar writ petitions referred to above.

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Sd/-

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(M.G.S. KAMAL) JUDGE

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RU

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List No.: 1 Sl No.: 37

Sri Lakshmana v. State of Karnataka

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Sri Lakshmana v. State of Karnataka

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