SMT. NAGAMMA v. THE SPECIAL LAND ACQUISITION OFFICER
WP/27856/2024 · 2025-01-27
M G S Kamal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33530 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33530 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:1282 WP No. 27856 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 27856 OF 2024 (LA-RES) BETWEEN:
1.
SMT. NAGAMMA W/O. LATE V. SRINIVASALU, AGED ABOUT 69 YEARS,
2.
SRI. VISHWANATH.S, S/O. LATE V. SRINIVASALU, AGED ABOUT 48 YEARS,
3.
SMT. USHA.S, D/O. LATE V. SRINIVASALU, W/O.RAGHAVENDRA. G, AGED ABOUT 46 YEARS,
4.
SMT. SARALA.S, D/O. LATE V. SRINIVASALU, W/O. NAGESH.L, AGED ABOUT 44 YEARS,
5.
SMT. LEELAVATHI.S, D/O. LATE V. SRINIVASALU, W/O. SRINIVASA RAO SADARA, AGED ABOUT 41 YEARS,
ALL ARE R/AT NO.25, KODIPALYA, MADAVARA VILLAGE, BANGALORE NORTH TALUK,
Digitally signed by SUMA B N Location: High Court of Karnataka
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NC: 2025:KHC:1282 WP No. 27856 of 2024
BANGALORE URBAN DISTRICT BENGALURU-562 123. …PETITIONERS (BY SRI. SHAKEEL AHMAD., ADVOCATE) AND:
1.
THE SPECIAL LAND ACQUISITION OFFICER KIADB-II, NRUPATHUNGA ROAD, BENGALURU-560 001.
2.
THE MANAGING DIRECTOR, LAND COMMITTEE AND SECRETARY, GOVERNMENT OF KARNATAKA, REVENUE DEPARTMENT, K.G. ROAD, BENGALURU-560 009.
3.
THE TAHASILDAR BANGALORE NORTH TALUK (ADDITIONAL) BENGALURU - 560 001. …RESPONDENTS (BY SRI. CHANDRASHEKAR P V.,ADVOCATE FOR R1;
SRI. SPOORTHY HEGDE N., HCGP FOR R2 AND R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSITUTION OF INDIA PRAYING TO DIRECT, DIRECTING THE PRL. SENIOR CIVIL JUDGE AND JMFC AT DEVANAHALLI TO DISPOSE OFF THE PROCEEDINGS IN LAC NO.
44/2012 AND LAC NO. 1/2017 WITHIN A PERIOD OF 3 MONTHS.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:1282 WP No. 27856 of 2024
CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL
ORAL ORDER
Learned counsel for the petitioners submits that the original claimant late V. Srinivasalu earlier had approached this Court seeking a direction to the Reference Court for disposal of LAC No.44/2012 expeditiously.
2. This Court, by order dated 19.04.2022 passed in W.P.No.2196/2022 [LA-RES] produced at Annexure-'A' to the writ petition had directed the Reference Court to dispose of the reference expeditiously but within an outer limit of nine months, and the Reference Court has not complied with the said direction. He further submits that in the meanwhile, the original claimant, late V. Srinivasulu passed on, constraining the legal representatives to file application to come on record who were permitted to come on record by order dated 15.10.2024. He also submits that in the meanwhile, on the very same day, the respondent -Land Acquisition Officer has filed an application seeking direction to the Reference Court to
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NC: 2025:KHC:1282 WP No. 27856 of 2024
direct the legal representatives of original claimant to obtain and furnish the Succession Certificate which is causing further delay in the matter.
3.
Learned counsel submits that the matter is set down for hearing on the said application on 17.01.2025. He submits that there is already a considerable delay of more than 12 years in Reference Court disposing of the matter and the applications of this nature being filed by respondent authority would add up to further delay. Hence, the present petition for direction to dispose of the matter expeditiously.
4. Heard. Perused the records.
5. Even as noticed from the submission made by
learned counsel for the petitioners, the application has been filed by the respondent authority on 15.10.2024 and admittedly, the Reference Court has set down the matter for hearing on the said application on 17.01.2025.
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NC: 2025:KHC:1282 WP No. 27856 of 2024
6. Considering the fact that this Court by order dated 19.04.2022 passed in W.P.No.2196/2022 [LA-RES] had already directed the Reference Court to dispose of the matter expeditiously within nine months from the date of
order and further considering the subsequent application which has been filed, is also required to be considered by the Reference Court, in the overall facts and circumstances of the matter, Reference Court is hereby directed to dispose of the matter in accordance with law within an outer limit of three months from the date of receipt of certified copy of the order. Accordingly, the petition is disposed off.
SD/- (M.G.S. KAMAL) JUDGE
VGR