Dyavaiah Vs State of Karnataka

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUION OF INIDA PRAYING TO QUASHING THE AWARD BEARING NO.SLAO S.R.(THU-RA RAILWAY) 06/2011-12 DATED 23.10.2013 PASSED BY THE R2 AUTHORITY VIDE ANNEXURE C IN RESPECT -C IN RESPECT OF THE LANDS BEARING SY.NO 13/5 SITUATED AT HONNENAHALLI VILLAGE, KASABA HOBLI, TUMKUR TALUK AND DISTRICT MEASRUING TO AN EXTENT OF 10 GUNTAS IN RESPECT OF PETITIONER NO 1, 12 GUNTAS IN RESPECT OF PETITIONER NO. 2, 13 3/4 GUNTAS IN RESPECT OF PETITIONER NO.3, 01 1/2 GUNTAS IN RESPECT OF PETITIONER NO.4 AND 15 1/2 GUNTAS IN RESPECT OF PETITIONER NO. 5 ARE CONCERNED AND ETC.,

¶25

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

¶26

CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL

¶27

3 -

¶28

NC: 2025:KHC:1721 WP No. 25749 of 2022

¶29

ORAL ORDER

¶30

Petitioners are before this Court seeking following

¶31

reliefs;

¶32

a) Issue Writ in the nature of Certiorari or any other Order or Direction in the similar nature quashing the Award bearing No. SLAO S.R. (Thu-Ra Railway) 06/201112 dated 23.10.2013 passed by the 2nd respondent authority vide Annexure-C in respect of the lands bearing Sy. No. 13/5 situated at Honnenahalli Village, Kasaba Hobli, Tumkur Taluk & District measuring to an extent of 10 guntas in respect of petitioner No.1, 12 guntas in respect of petitioner No.2, 13% guntas in respect of petitioner No.3, 01 ½ guntas in respect of petitioner No.4 and 15 ½ guntas in respect of petitioner No.5 are concerned;

¶33

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;

¶34

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.

¶35

Learned counsel for the petitioners as well as

¶36

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.26802-

¶37

4 -

¶38

NC: 2025:KHC:1721 WP No. 25749 of 2022

¶39

26807/2014 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.

¶40

In that view of the matter this Court do not see any reason not to allow this petition in the lines with the orders passed by the Coordinate Bench of this Court in the aforesaid writ petitions.

¶41

In that view of the matter, petition is allowed .

¶42

Impugned award dated 23.10.2013 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

¶43

5 - NC: 2025:KHC:1721 WP No. 25749 of 2022

¶44

21.07.2016 passed in W.P.No.23524-23537/2014 connected with W.P.No.26802-26807/2014 and

¶45

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

¶46

Sd/- (M.G.S. KAMAL) JUDGE

¶47

RU List No.: 1 Sl No.: 42

Dyavaiah v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Dyavaiah v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Smt Chethan G Shetty Vs State of Karnataka

Renuka Chinnaiah Poojari Vs the Chief Executive Officer and Executive Member

Smt. H Jayamma Vs State of Karnataka

Sunandamma Vs the State of Karnataka

Sri Keroji Rao Vs the State of Karnataka

Sri B K Ramesh Vs the State of Karnataka