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2025 DAILYLAW 3285 (KAR)

DEVAPPA BADIGER S/O MANAPPA BADIGER v. STATE OF KARNATAKA

WP/100810/2025 · 2025-02-24

Suraj Govindaraj

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:3759 WP No. 100810 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.100810 OF 2025 (KLR-RR/SUR) BETWEEN: DEVAPPA BADIGER S/O. MANAPPA BADIGER, AGED ABOUT 50 YEARS, OCC: AGRICULTURE, R/O. BEVOOR, TQ: KOPPAL, DIST: KOPPAL, NOW RESIDING AT GINIGERA-583328, TQ: AND DIST: KOPPAL. …PETITIONER (BY SRI. RAJASHEKHAR BURJI, ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF PUBLIC WORKS, VIKAS SOUDHA, BENGALURU-560001, REP. BY ITS UNDER SECRETARY. 2. DEPUTY COMMISSIONER, KOPPAL DISTRICT DIWATOR NAGAR, KOPPAL-583238, TQ: AND DIST: KOPPAL. 3. ASSISTANT COMMISSIONER, DISTRICT ADMINISTRATION BHAVAN, KOPPAL-583238, TQ: AND DIST: KOPPAL. 4. MANAGING DIRECTOR, KALYAN KARNATAKA ROAD TRANSPORT CORPORATION, CENTRAL OFFICE MAIN ROAD, KALABURGI-585105, TQ: AND DIST: KALBURGI. 5. THE TAHASHILDAR, KOPPAL TALUK, KOPPAL-583238, TQ: AND DIST: KOPPAL. ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.25 15:21:31 +0530 - 2 - NC: 2025:KHC-D:3759 WP No. 100810 of 2025 6. ASSISTANT EXECUTIVE ENGINEER, DEPARTMENT OF PUBLIC WORKS, SUB-DIVISION, YALABURGA-583236, TQ: YALABURGA, DIST: BELAGAVI. 7. DIVISIONAL CONTROLLER, KALYAN KARNATAKA ROAD TRANSPORT CORPORATION KOPPAL DIVISION, KOPPAL-583238, TQ: AND DIST: KOPPAL. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1, R2, R3, R5 & R6; SRI. PRASHANT S. HOSAMANI, ADVOCATE FOR R4, R7) ***** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THIS WRIT PETITION AND ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION TO QUASH THE ORDER BEARING NO.KAN.BHUMI.26/2024-25.KAN.NU/191529 DATED 15.07.2024 PASSED BY THE RESPONDENT NO.3 PRODUCED AT ANNEXURE-G; DIRECT THE RESPONDENT NO.3 TO 5 TO CONSIDER THE REPRESENTATION DATED 16.12.2024 AND PAY THE COMPENSATION BY ACQUIRING THE LAND BEARING SY.NO.385/*/3 TO AN EXTENT OF 0-28 GUNTA OF BEVOOR VILLAGE, YALABURGA TQ, KOPPAL DIST. AS PER ANNEXURE-L, L1 AND L2; PASS SUCH OTHER ORDER OR DIRECTION, THIS HON’BLE COURT DEEMS FIT IN THE CIRCUMSTANCE OF THE CASE. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:3759 WP No. 100810 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a) Quash the order bearing No.Kan.Bhumi.26/2024-25.kan.Nu/191529 dated 15.07.2024 passed by the Respondent No.3 produced at Annexure-G; b) Direct the Respondent No.3 to 5 to consider the Representation dated 16.12.2024 and pay the compensation by acquiring the land bearing Sy.No.385/*/3 to an extent of 0-28 Gunta of Bevoor Village, Yalaburga Tq, Koppal Dist. as per Annexure-L, L1 and L2; c) Pass such other order or direction, this Hon’ble Court deems fit in the circumstance of the case. 2. A memo dated 22.02.2025 has been filed signed by the learned counsel for the petitioners, which reads as under; “That in view of subsequent developments in the Village, the Petitioner may be permitted to withdraw the Writ Petition with a liberty to approach this Hon’ble Court, if the need arises, hence this Memo. The same may be taken on record in the interest of justice and equity.” - 4 - NC: 2025:KHC-D:3759 WP No. 100810 of 2025 3. Accepting the said memo and the submission of the learned counsel appearing for the petitioners, the petition is dismissed as withdrawn. 4. In view of disposal of the writ petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT-MCK List No.: 1 Sl No.: 120