Sri Jagadguru Murugarajendra Bruhan Mutta Vs State of Karnataka

SRI JAGADGURU MURUGARAJENDRA BRUHAN MUTTA M.K. HATTI, CHITRADURGA, KARNATAKA-577502 REPRESENTED BY ITS PRESIDENT, THE MANAGING COMMITTEE SHRI. SHIVAYOGI KALASAD.

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…PETITIONER

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(BY SRI DHANUSH M., ADVOCATE)

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AND:

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STATE OF KARNATAKA VIDHANA SOUDHA, BENGALURU-560001 REPRESENTED BY ITS CHIEF SECRETARY.

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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THE DEPUTY COMMISSIONER, CHITRADURGA DISTRICT, CHITRADURGA, KARNATAKA-577501.

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THE EXECUTIVE OFFICER PUBLIC WORKS DEPARTMENT, CHITRADURGA DISTRICT, CHITRADURGA, KARNATAKA-577501.

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THE COMMISSIONER CHITRADURGA CITY MUNICIPALITY, CHTRADURGA-577001.

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…RESPONDENTS

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(BY SRI HARISHA A.S. AGA FOR R-1 TO R-3; SRI S. MAHESH, ADVOCATE FOR R-4)

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2 -

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NC: 2025:KHC:39647 WP No. 18203 of 2024

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HC-KAR

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT, DIRECTING THE RESPONDENT NO.2 TO CONSIDER THE REPRESENTATION DATED 10.06.2024 AND COMPLY WITH THE PROVISIONS OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 INSOFAR AS PROVIDING COMPENSATION TO THE PETITIONER FOR TAKING OVER 30 GUNTAS OF LAND AT RE. SY.NO.9/2, LOCATED AT HULIGUNDI VILLAGE, KASABA HOBLI, CHITRADURGA FOR THE PURPOSES OF ROAD WIDENING (ANNEXURE-A) AND ETC.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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ORAL ORDER

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The petitioner is before this Court seeking for the following prayers:

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“Wherefore, the Petitioner respectfully pray that this Hon'ble Court may be pleased to:

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A. Issue an appropriate writ, order or direction in the nature of mandamus directing the Respondent No.2 to consider the representation dated 10.06.2024 and comply with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 insofar as providing compensation to the Petitioner for taking over 30 guntas of land at Re. Sy No. 9/2, located at Huligundi village,

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3 -

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NC: 2025:KHC:39647 WP No. 18203 of 2024

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HC-KAR

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Kasaba Hobli, Chitradurga for the purposes of road widening. [Annexure A].

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B. Issue an appropriate writ, order or direction in the nature of mandamus directing the Respondent No.3 to consider the representation dated 10.06.2024 and comply with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 insofar as providing compensation to the Petitioner for taking over 30 guntas of land at Re. Sy No. 9/2, located at Huligundi village, Kasaba Hobli, Chitradurga for the purposes of road widening. [Annexure B].

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C. Issue any other such appropriate writ, order or direction as this Hon'ble Court deems fit, in the interests of justice and equity.

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Brief facts:

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The petitioner is a mutt situated in Re. Sy. No.9/2, Hulgundi Village, Chitradurga measuring 6 acres 22 guntas, a portion of which abuts the main road connecting to the Chitradurga city limits. In June 2022, as part of the Atal Mission for Rejuvenation and Urban Transformation (Amrut) Scheme , the 3^rd respondent approached the petitioner-Mutt

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4 - NC: 2025:KHC:39647 WP No. 18203 of 2024

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HC-KAR

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seeking a portion of the land measuring 60 meters in length and 5 meters in breadth, i.e., about 30 guntas for the purpose of road widening. Since the project of road widening was in public interest, the petitioner voluntarily permitted the respondents to utilize the said portion of land upon assurance that suitable compensation would be awarded under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (‘Land Acquisition Act, 2013’ for short).

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Heard the learned counsel for the petitioner and learned AGA for the respondents.

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Learned counsel for the petitioner submits that the petitioner handed over 30 guntas of land abutting the main road in Sy. No.9/2 and the respondents have since completed the project of road widening in April 2023. However, despite repeated representations, the respondents have failed to determine and dispose the representations dated 10.06.2024 (Annexures-A and B) addressed to respondent Nos.2 and 3 remain unattended.

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5 - NC: 2025:KHC:39647 WP No. 18203 of 2024

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HC-KAR

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Learned AGA for the respondents submits that

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the said representations will be considered in accordance with law, if reasonable time is granted.

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The submission of the learned AGA is placed on

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record.

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Having regard to the fact that the petitioner’s representations are of June 2024, and that the land has already been taken for public use, it is appropriate that the same be considered expeditiously. Accordingly, the respondents are directed to consider the petitioner’s representations dated 10.06.2024 (Annexures-A and B) and to take appropriate action within an outer limit of three months from the date of receipt of a certified copy of this order, in accordance with law.

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With the said observations, the writ petition stands

disposed of.

Sd/-

MBM

List No.: 1 Sl No.: 54

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_____________________ JUSTICE K.S. HEMALEKHA

Sri Jagadguru Murugarajendra Bruhan Mutta v. State of Karnataka

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Sri Jagadguru Murugarajendra Bruhan Mutta v. State of Karnataka

Case brief

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