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2025 DAILYLAW 11490 (KAR)

THE EXECUTIVE ENGINEER v. THE SPECIAL LAND ACQUISITON OFFICER AND ORS

WP/202446/2023 · 2025-01-09

Suraj Govindaraj

body2025

Judgment text

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- 1 - NC: 2025:KHC-K:179 WP No. 202446 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 202446 OF 2023 (LA-RES) BETWEEN: THE EXECUTIVE ENGINEER, KNNL, BNT DIVISION, GULBARGA-585102. …PETITIONER (BY SRI. SUDARSHAN M., ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER, M & M.I.P, GULBARGA-585102. 2. THE SPECIAL DEPUTY COMMISSIONER, REHABILITATION AND RESETTLEMENT, (MAJOR IRRIGATION PROJECTS), KALABURAGI-585101. 3. THE DEPUTY COMMISSIONER, GULBARGA-585102. 4. MALLIKARJUN, S/O. MAPANNA KHARGA, AGE: MAJOR, OCCUPATION: AGRICULTURE, 5. MIRJA GOUSE BAIG, S/O. ADAM PATIL, AGE: MAJOR, OCCUPATION: AGRICULTURE, ALL R/O. GUNDUGURTI, TALUK: CHITTAPUR-585211, DISTRICT: KALABURAGI. …RESPONDENTS (BY SRI G.B. YADAV, HCGP FOR R1-R3) ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-K:179 WP No. 202446 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED ORDER DATED 30/12/2017, PASSED BY THE RESPONDENT NO.1 SLAO VIDE ANNEXURE-E BEARING NO. /BNT/III/26/2003-04; ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS, DIRECTING THE RESPONDENT NO.1 SLAO NOT TO AWARD INTEREST UNDER SECTION 34 OF THE LAND ACQUISITION ACT, 1894 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking the following relief: a) Issue a writ, order or direction in the nature of certiorari, quashing the impugned order dated 30/12/2017, passed by the Respondent No.1 SLAO vide ANNEXURE-E bearing no. /BNT/III/26/2003-04; b) Issue a writ, order or direction in the nature of mandamus, directing the Respondent No.1 SLAO not to award interest under section 34 of the Land Acquisition Act, 1894. c) Pass such other order in the interest of justice and equity. 2. Despite several opportunities having been granted to the learned counsel for petitioner to comply with - 3 - NC: 2025:KHC-K:179 WP No. 202446 of 2023 the objections raised by the registry, office objections have not been complied with, hence petition stands dismissed for non prosecution. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK CT-MCK List No.: 19 Sl No.: 0