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2025 DAILYLAW 23966 (KAR)

SRI B B THAMMANNA GOWDA v. THE STATE OF KARNATAKA

WP/12230/2020 · 2025-01-28

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC:3871 WP No. 12230 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 12230 OF 2020 (GM-RES) BETWEEN: SRI B.B.THAMMANNA GOWDA S/O LATE B.M.BASAVE GOWDA, AGED ABOUT 70 YEARS, R/A BANAVASE BALUPETE, BELAGODU HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT-573 214. …PETITIONER (BY SRI. K.S.MALLIKARJUNAIAH., ADVOCATE) AND: 1. THE STATE OF KARNATAKA PRINCIPAL SECRETARY, EDUCATION DEPARTMENT, VIDHANASOUDHA, BENGALURU 5600 01. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN-573 201. 3. THE COMMISSIONER, PUBLIC EDUCATION DEPARTMENT, NRUPATUNGA ROAD, BENGALURU-560 001. 4. THE DIRECTOR, OFFICE OF THE COMMISSIONER, PRIMARY EDUCATION DEPARTMENT, Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3871 WP No. 12230 of 2020 NRUPATUNGA ROAD, BENGALURU-560 001. 5. THE DDPI PUBLIC EDUCATION DEPARTMENT, HASSAN, HASSAN DISTRICT-573 201. 6. THE BEO PUBLIC EDUCATON DEPARTMENT, SAKALESHAPURA, HASSAN DISTRICT-573 134. …RESPONDENTS (BY SRI. MANJUNATHA RAYAPPA., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.K.S.Mallikarjunaiah., counsel for the petitioner and Sri.Manjunatha Rayappa., AGA for the respondents have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Mandamus directing the respondents to consider the granting of alternative land of same value or direct the respondents to pay the compensation amount of Rs.3,00,00,000/- (Rupees Three Crores only) in respect of property in Sy.No.107/4 - 3 - NC: 2025:KHC:3871 WP No. 12230 of 2020 measuring 32 Guntas situated at Banavase Village, Belagodu Hobli, Sakaleshapura Taluk, Hassan District. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. A perusal of the petition averments and the relief sought by the petitioner depicts that there are disputed question of fact and the petitioner has sought to direct respondents to pay compensation amount of Rs.3,00,00,000/- (Rupees Three Crores only). Such a relief cannot be accorded in the Writ Petition. The law is well settled that the disputed question of fact cannot be investigated under Article 226 of the Constitution of India. Hence, I decline to exercise power under the writ jurisdiction. However, a liberty is accorded for the petitioner to approach appropriate forum seeking appropriate relief in accordance with the law if so advised. 5. Resultantly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 3 Sl No.: 34