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2025 DAILYLAW 11531 (KAR)

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

WP/202692/2023 · 2025-01-09

Suraj Govindaraj

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Judgment text

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- 1 - NC: 2025:KHC-K:182 WP No. 202692 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. 202692 OF 2023 (LA-RES) BETWEEN: THE EXECUTIVE ENGINEER, KNNL, BLIS DIVISION, AFZAPUR-585301, GULBARGA. …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 & RESETTLEMENT, (MAJOR IRRIGATION PROJECTS) KALABURAGI-585101. 3. THE DEPUTY COMMISSIONER, GULBARGA-585102. BASAYYA S/O. SIDDAYYA, SINCE DECEASED BY LRS 4. REKHA W/O. BASAYYA @ BASAWARAJ SWAMY, AGE: MAJOR, OCC: AGRICULTURE, 5. RAHUL S/O. BASAYYA @ BASAWARAJ SWAMY, AGE: MAJOR, OCC: AGRICULTURE, SATLINGAYYA S/O. RUDRAYYA, SINCE DECEASED BY LRS. 6. SHARNAMMA S/O. SATLINGAYYA, AGE: MAJOR, OCC: AGRICULTURE, ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-K:182 WP No. 202692 of 2023 7. MALLAYYA S/O. SATLINGAYYA, AGE: MAJOR, OCC: AGRICULTURE, 8. MAAHAMATAYYA S/O. SATLINGAYYA, AGE: MAJOR, OCC: AGRICULTURE, SHEKAYYA S/O. RUDRAYYA, SINCE DIED BY HIS LRS 9. SOMAYYA S/O. SHEKAYYA, AGE: MAJOR, OCC: AGRICULTURE, 10. SRISHAILA S/O. SHEKAYYA, AGE: MAJOR, OCC: AGRICULTURE, KALLAYYA S/O. BASALINGAYYA, SINCE DIED BY LRS 11. SHANTAYYA S/O. KALLAYYA, AGE: MAJOR, OCC: AGRICULTURE, 12. SUVARNA W/O. UMAKANTH, AGE: MAJOR, OCC: AGRICULTURE, R/O. GAURA (B), TALUK: AFZALPUR-585301 DISTRICT: KALABURAGI. …RESPONDENTS (BY SRI. G.B. YADAV, HCGP FOR R1-R3; SRI. A.M. BIRADAR, ADVOCATE FOR R4-R12) 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 31/03/2021, PASSED BY THE RESPONDENT NO.1 SLAO VIDE ANNEXURE-E BEARING NO. /II/BLI 14/2005-06 ; 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. - 3 - NC: 2025:KHC-K:182 WP No. 202692 of 2023 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 reliefs: a) Issue a writ, order or direction in the nature of certiorari, quashing the impugned order dated 31/03/2021, passed by the Respondent No.1 SLAO vide Annexure-E bearing no. /II/BLI 14/2005-06 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 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