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2025 DAILYLAW 11718 (KAR)

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

WP/203441/2023 · 2025-01-09

Suraj Govindaraj

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Judgment text

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- 1 - NC: 2025:KHC-K:183 WP No. 203441 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. 203441 OF 2023 (LA-RES) BETWEEN: THE EXECUTIVE ENGINEER, KNNL, BHIMA LIFT IRRIGATION DIVISION, AFZALPUR-585301. …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. GURUBAL S/O. SHIVAPPA, AGE: MAJOR, OCC: AGRICULTURE, 5. SHIVAPPA S/O. MALAPPA, AGE: MAJOR, OCC: AGRICULTURE, NAGAPPA S/O. BHUTALI, SINCE DIED BY LRS. 6. GADDEPPA S/O. NAGAPPA, NAGAPPA S/O. BHUTALI, AGE: MAJOR, OCC: AGRICULTURE, SIDDAPPA S/O. BHUTALI, SINCE DIED BY LRS. 7. KHAJAPPA S/O. SIDDAPPA, 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:183 WP No. 203441 of 2023 8. SHIVAPPA S/O. BHUTALI, AGE: MAJOR, OCC: AGRICULTURE, BEERAPPA S/O. BHUTALI, SINCE DIED BY LRS 9. SHANKRAPPA S/O. BEERAPPA, AGE: MAJOR, OCC: AGRICULTURE, HIRGAPPA S/O. NEELAPPA, SINCE DIED BY LRS 10. SOMANNA S/O. HIRGAPPA, AGE: MAJOR, OCC: AGRICULTURE, BHUTALI S/O. BEERAPPA, SINCE DIED BY LRS 11. REVANSIDDAPPA S/O. VITTOBA, AGE: MAJOR, OCC: AGRICULTURE, DUNDAPPA S/O. KALLAPPA, SINCE DIED BY LRS 12. BEERAPPA S/O. DUNDAPPA, AGE: MAJOR, OCC: AGRICULTURE, BY ALL SPA HOLDER, 13. MALAPPA S/O. BHUTALI, AGE: MAJOR, OCC: AGRICULTURE, R/O. MANNUR, TQ: AFZALPUR-585301, DIST: KALABURAGI. …RESPONDENTS (BY SRI. G.B. YADAV, HCGP FOR R1-R3; SRI. HARSHAWARDHAN R. MALIPATIL, ADVOCATE FOR R4-R5(A)-13) 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 - 3 - NC: 2025:KHC-K:183 WP No. 203441 of 2023 RESPONDENT NO.1 SLAO VIDE ANNEXURE-E BEARING NO. /BLI/II/40/2008-09 ; 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 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. /BLI/II/40/2008-09 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 - 4 - NC: 2025:KHC-K:183 WP No. 203441 of 2023 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