Sri. Srinivasa C O Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Sri. Srinivasa C O Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with liberty to petitioners to submit representations to respondent No.2-Deputy Commissioner within two weeks; Deputy Commissioner directed to consider the same within four weeks thereafter.

Issue for consideration

Whether the respondent-Authorities should be directed by mandamus to consider the petitioners' claim for payment of compensation for their lands demolished and taken over since 2017 for widening the deviation road without formal acquisition proceedings. +1 more

Court's answer

Petitioners are granted liberty to submit their representations to respondent No.2-Deputy Commissioner within two weeks from receipt of a certified copy of the order.

Ratio / Principle

The Competent Authority to consider the petitioners' claims for compensation is the Deputy Commissioner, not respondent No.4-Commissioner, Municipal Council, even though the road widening was carried out by the respondent-Authorities.

Key takeaways

Upon receipt of such representation, respondent No.2-Deputy Commissioner shall consider the same within four weeks thereafter.ratio¶68

Detailed headnote1 paragraphs

Writ Petition under Articles 226 and 227 of the Constitution of India - mandamus seeking consideration of claim for compensation - petitioners claimed absolute ownership of their respective properties, which were demolished and taken over by the respondent-Authorities since 2017 for widening the deviation road at Chamarajanagar without initiation of formal acquisition proceedings - representations dated 08.07.2024, 18.03.2024 and 21.07.2024 (Annexures-B to B8) submitted to the Commissioner, Chamarajanagar Municipal Council were not considered - State contended the Deputy Commissioner is the competent authority and would consider representations addressed to him in accordance with law - HELD, the competent authority to consider the petitioners' claims for compensation is the Deputy Commissioner; writ petition disposed of permitting petitioners to submit representations to respondent No.2-Deputy Commissioner within two weeks, with a direction to the Deputy Commissioner to consider the same within four weeks thereafter.

1 - NC: 2025:KHC:42018 WP No. 25763 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24^TH DAY OF OCTOBER, 2025

BEFORE

THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

WRIT PETITION NO. 25763 OF 2024 (LA-RES)

BETWEEN:

SRI. SRINIVASA C O S/O LATE S P OBANNA AGED ABOUT 50 YEARS, R/O NO 761, IDIGA BEEDI, CHAMARAJANAGARA TOWN, CHAMARAJAANGARA - 571313

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

SRI SYED SAIF ULLA S/O LATE SYED ASADULLA AGED ABOUT 53 YEARS R/O NO 19/283, JAMIYA MASJID MOHALLA, KASABA HOBLI, CHAMARAJANAGARA TOWN CHAMARAJANAGARA - 571313

SRI ZAFAR ALI KHAN S/O LATE ABDUL GAFAR KHAN H AGE ABOUT 57 YEARS R/O NO 12/102, KSRTC BUS STAND ROAD, K P MOHALLA CHAMARAJNAGAR - 571313

SRI M D ZUBER

S/O LATE MOHAMMED ANWAR, AGED ABOUT 47 YEARS, R/O WARD NO 22, NO 282, JAMIYA MASJID MOHALLA,

2 - NC: 2025:KHC:42018 WP No. 25763 of 2024

HC-KAR

DEVIATION ROAD, CHAMARAJANAGARA TOWN - 571313

SRI C S ZAFARULLA S/O ABDUL SUBHAN AGED ABOUT 49 YEARS, R/O NO 82/21, MUSLIM BLOCK, K R NAGARA, TOWN MYSORE DISTRICT - 571602

SRI C S SAIF ULLA AGED ABOUT 54 YEARS S/O ABDUL SUBHAN R/O NO 2/288, DEVIATION ROAD, CHAMARAJANAGARA TOWN CHAMARAJANAGARA - 571313

SRI ZAREEN TAJ AGED ABOUT 54 YEARS W/O C S ZAIYA ULLAH AGED ABOUT 54 YEAR S R/O NO 22/280 DEVIATION ROAD, JAMIYA MASJID STREET CHAMARAJANAGARA TOWN CHAMARAJANAGARA - 571313

SMT UZRA BEGUM W/O SYED KHIZER AHMED AGED ABOUT 40 YEARS R/O NO 21/290 BANAJIGARA AREA, JAMIYA MASJID CHAMARAJANAGARA - 571313

SRI MOHAMMED SALEEM S/O ABDUL JABBAR, AGED ABOUT 46 YEARS, R/O 8TH CROSS,

3 - NC: 2025:KHC:42018 WP No. 25763 of 2024

HC-KAR

KEB COLONY ABDUL REHMAN ROAD, UDAYAGIRI MYSURU - 570019

…PETITIONERS

(BY SRI. P MAHESHA.,ADVOCATE)

AND:

STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF REVENUE, M S BUILDING

BENGALURU - 560001

THE DEPUTY COMMISSIONER CHAMARAJANAGARA DISTRICT CHAMARAJANAGARA - 571313

THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT CHAMARAJANAGARA - 571313

THE COMMISSIONER CHAMARAJANAGAR MUNICIPAL COUNCIL CHAMARAJANAGAR TOWN CHAMARAJANAGARA - 571313

THE TAHSILDAR CHAMARAJANAGAR TALUK CHAMARAJANAGARA - 571313

…RESPONDENTS

(BY SRI. HARISHA A.S., AGA FOR R1 TO R3 AND R5; SRI. A NAGARAJAPPA, ADVOCATE FOR R4)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT AUTHORITIES TO CONSIDER THE CLAIM OF THE PETITIONERS FOR THE PAYMENT OF

4 - NC: 2025:KHC:42018 WP No. 25763 of 2024

HC-KAR

COMPENSATION BY CONSIDERING THE REPRESENTATIONS DATED 08.07.2024, 18.03.2024 AND 21.07.2024 SUBMITTED BY PETITIONER NOS. 1 TO 7, PETITIONER NO.8 AND PETITIONER NO.9 RESPECTIVELY VIDE ANNEXURE-B TO B16.

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

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

ORAL ORDER

Learned Addl. Government Advocate accepts notice

for respondent Nos.1 to 3 and 5.

Sri. Nagarajappa, learned counsel is directed to take notice for respondent No.4.

Heard learned counsel appearing for the petitioners and learned Addl. Government Advocate for the respondents.

The petitioners have approached this Court seeking a writ of mandamus directing the respondents-Authorities to consider their claim for payment of compensation by taking into account the

5 - NC: 2025:KHC:42018 WP No. 25763 of 2024

HC-KAR

representations dated 08.07.2024, 18.03.2024 and 21.07.2024 submitted by the petitioners at Annexures-B to B8.

The petitioners claim to be the absolute owners of their respective properties as indicated in paragraph No.10 of the memorandum of writ petition. The case of the petitioners is that their lands have been demolished and taken over by the respondent-Authorities for the purpose of widening the deviation road, though no formal acquisition proceedings were initiated. Despite the demolition and utilization of their properties since 2017, the Authorities have not considered the petitioners' claim for compensation.

Per contra, learned counsel appearing for respondent No.1-State submits that the petitioners have not submitted their representation to the proper Authority. It is contended that, the representations were submitted to the Commissioner, Chamarajanagar Municipal Council,

6 - NC: 2025:KHC:42018 WP No. 25763 of 2024

HC-KAR

whereas the Deputy Commissioner is the Competent Authority to consider the claims for compensation. It is further submitted that, if the representations are submitted to the Deputy Commissioner, the same would be considered in accordance with law.

The said submission is recorded.

From the records, it is seen that the petitioners

have submitted their representations at Annexures-B to B8 to respondent No.4-Commissioner, Municipal Council. Though the widening of road is by the respondents-Authorities, the Competent Authority to consider the petitioners' claim is the Deputy Commissioner.

In light of the above, this Court pass the

following:

ORDER

i) The writ petition is disposed of .

7 -

NC: 2025:KHC:42018 WP No. 25763 of 2024

HC-KAR

ii) Petitioners are at liberty to submit their representations to respondent No.2-Deputy Commissioner within a period of two(2) weeks from the date of receipt of a certified copy of this order.

iii) Upon receipt of such representation, respondent No.2-Deputy Commissioner shall consider the same within a period of four(4) weeks thereafter.

Sd/-

_____________________ JUSTICE K.S. HEMALEKHA

PHM List No.: 1 Sl No.: 2