Sri. Kempaiah Since Dead by Lrs., Maramma Vs State of Karnataka

W/O. LATE KEMPAIAH, AGED ABOUT 79 YEARS, RESIDING AT BELOW MENTIONED ADDRESS R/AT NO.432, 6^TH CROSS, JANATHA COLONY, YARAGANAHALLI, SIDDARTHANAGAR, MYSORE - 570 011.

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UMESHA,

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Digitally signed by NAGAVENI Location: High Court of Karnataka

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S/O. LATE.KEMPAIAH, AGED ABOUT 54 YEARS, RESIDING AT BELOW MENTIONED ADDRESS R/AT NO.432, 6^TH CROSS, JANATHA COLONY, YARAGANAHALLI, SIDDARTHANAGAR, MYSORE - 570 011.

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GAYATHRI, D/O. LATE KEMPAIAH, AGED ABOUT 47 YEARS, RESIDING AT BELOW MENTIONED ADDRESS NO. 404,

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HC-KAR

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4^TH CROSS, YARAGANAHALLI, JANATHA COLONY, MYSORE - 570 011.

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LEELAVATHI, D/O. LATE.KEMPAIAH, AGED ABOUT 42 YEARS, RESIDING AT BELOW MENTIONED ADDRESS NO.432, 4^TH CROSS YARAGANAHALLI SIDDARTHANAGAR MYSORE - 570011

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PUTTARAJU, S/O. LATE KEMPAIAH, AGED ABOUT 41 YEARS, RESIDING AT BELOW MENTIONED ADDRESS R/AT NO.432, 6^TH CROSS, JANATHA COLONY, YARAGANAHALLI, SIDDARTHANAGAR, MYSORE - 570 011.

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…PETITIONERS

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(BY SMT. KUSUMA M., ADVOCATE)

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AND:

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STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOUSE AND URBAN, M.S. BUILDING, BANGALORE - 560 001.

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SPECIAL LAND ACQUISITION OFFICER, MYSORE URBAN DEVELOPMENT AUTHORITY, JHANSI LAKSHMI BAI ROAD,

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MYSORE - 570 005.

…RESPONDENTS

(BY SRI. M. RAJAKUMAR, AGA FOR R1; SRI. G.B. SHARATH GOWDA, ADVOCATE FOR R2)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE RESPONDENT NO.2 IN CASE NO. LAC(4) 63/1994-95 DATED 21.12.2018 VIDE ANNEXURE-C AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER

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The petitioners are before this Court, seeking the

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following prayer:

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"1. Issue a Writ of Certiorari or any other appropriate writ or order quashing the order passed by the Respondent No.2 in case No. LAC(4) 63/1994-95 dated 21.12.2018 vide Annexure-C.

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Issue a Writ of Certiorari or any other appropriate or order directing the respondent No.2 to consider the application filed under Section 28-A of the Land Acquisition Act, vide Annexure-C on merits in accordance with law and in terms of the award passed by the Learned I Additional Senior Civil Judge at Mysore in L.A.C.No. 381-382/2000 dated 31.07.2013 vide Annexure-D.

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Issue any other writ or Pass any other order which this Hon'ble Court deems fit under the facts and circumstances of the case in the interest of justice and equity."

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Heard Smt. Kusuma M., learned counsel appearing

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for the petitioners, Sri. M. Rajakumar, learned AGA appearing for respondent No.1, Sri. G.B. Sharath Gowda, learned counsel appearing for respondent No.2 and have perused the material on record.

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The prayer of the petitioners are to refer the matter under Section 28A of the Land Acquisition Act, 1894, seeking enhancement of compensation which had been turned down on the score of delay.

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Learned counsel appearing for the petitioners seeks to place reliance upon the judgment of the Co-ordinate Bench of this Court in W.P.No.20989/2021 dated 14.12.2021.

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Learned counsel appearing for the respondents would not dispute the position of law as is considered by the Co-ordinate Bench of this Court supra .

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The Co-ordinate Bench of this Court in

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W.P.No.20989/2021 disposed on 14.12.2021, has held as follows:

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Learned counsel for the parties jointly submit that the matter is covered by this Court, passed in W.P.No.34015/2019, disposed of on 23.03.2021 and submits that this writ petition shall be disposed of in terms of the aforesaid order. In view of the same with the consent of learned counsel for the parties, the matter is taken up for final disposal.

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The petitioners have sought for the following

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relief:

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i. "Issue a writ of certiorari or any other appropriate writ or order quashing the order passed by the respondent in case No.LAC(4) 28(A) 8/2013-14 dated 04.04.2019 vide Annexure-G.

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ii. Issue a writ in the nature of mandamus or any other appropriate or order directing the respondent to consider the application filed under Section 28-A of the Land Acquisition Act, vide Annexure-F and F on merits in accordance with law and in terms of the award passed by the Learned I Addl. Senior Civil Judge at Mysuru in L.A.C.No.381-382/2000 dated 25.10.2013/18-11-2013 vide AnnexureC and D.

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iii. Issue any other writ or Pass any other order which this Hon'ble Court deems fit under the facts and circumstances of the case in the interest of justice and equity."

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Heard learned counsel for the parties and

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perused the material on record.

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Learned counsel for the petitioners have filed

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an application under Section 18 of the Land Acquisition

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Act, 1894 (for short 'the Act'). The reference Court rejected the application as barred by limitation. The petitioners have filed an application under Section 28-A of the Act for re-determination of compensation, passed the judgment in LAC.Nos.381-382/2000 disposed of on 25.10.2013 vide Annexure-C, the respondent proceeded to dismiss the said application. Hence, the petitioners have filed this writ petition.

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It is contended by the learned counsel for the petitioners that the impugned order is contrary to the decision of the Hon'ble Apex Court in the case of Union of India and another Vs. Hansoli Devi and others reported in (2002)7 SCC 273 . It is therefore contended that the impugned order passed by the respondent deserves to be quashed and the matter may be remitted back to the respondent for re-determination of compensation on merits without reference to the disposal of the earlier application filed by the petitioners under Section 18 of the Act.

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Per contra , learned counsel for the respondent submits that in the light of the decision of the Hon'ble Apex Court in Hansoli Devi's case (supra), the application filed by the petitioners under Section 28-A of the Act will be considered in accordance with law.

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The submission of the learned counsel for the respondent is placed on record.

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In view of the aforesaid facts and circumstances, I proceed to pass the following: ORDER

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i.The writ petition is allowed;

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ii.The impugned order dated 04.04.2019 vide Annexure-G is hereby set aside and quashed; iii.The matter is remitted back to the respondent for reconsideration afresh in accordance with law and by directing the respondent to consider and dispose of the application filed by the petitioners under Section 28-A of the Act without reference to the earlier application filed by the petitioners under Section 18 of the Act as expeditiously as

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possible within a period of six months from the date of receipt of a copy of this order."

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In the light of the judgment rendered by the Co-ordinate Bench of this Court supra and the petitioners similarly circumstanced, I deem it appropriate to grant the same relief to the petitioners that is granted by the Co-ordinate Bench of this Court in the aforesaid petition. Therefore, the following:

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ORDER

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(i) The writ petition is allowed;

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(ii) The impugned order dated 21.12.2018 passed by respondent No.2 vide Annexure-C is hereby set aside and quashed;

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(iii) The matter is remitted back to the respondents for reconsideration afresh, in accordance with law and by directing the respondents to consider and dispose of the application filed by the petitioners under Section 28A of the Land Acquisition Act, 1894, without reference to the earlier application filed by the petitioners under Section 18 of the Land Acquisition Act, 1894, as expeditiously as possible, within

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a period of six months from the date of receipt of a copy of this order.

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Sd/(M.NAGAPRASANNA) JUDGE

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SJK List No.: 1 Sl No.: 24

Sri. Kempaiah Since Dead by Lrs., Maramma v. State of Karnataka

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Sri. Kempaiah Since Dead by Lrs., Maramma v. State of Karnataka

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