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2025 DAILYLAW 36843 (KAR)

SRI DODDATHOPEGOWDA v. THE SPECIAL LAND ACQUISITION OFFICER

WP/35508/2024 · 2025-02-06

M G S Kamal

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:5410 WP No. 35508 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 35508 OF 2024 (LA-RES) BETWEEN: 1. SRI. DODDATHOPEGOWDA S/O. LATE SRI. VENKATAPPA, AGED ABOUT 51 YEARS, 2. SRI. SHANKARAPPA S/O. LATE SRI. GANGARANGANNA, AGED ABOUT 53 YEARS, BOTH ARE RESIDING AT BIDANAGERE, WARD NO.1, KUNIGAL TOWN, TUMKUR DISTRICT - 572 130. …PETITIONERS (BY SRI. JANARDHANA REDDY B.J, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER HEMAVATI CHANNEL DIVISION, TUMKUR. 2. THE CHIEF ENGINEER HEMAVATI NALA DIVISION, TUMKUR. …RESPONDENTS (BY SMT. B. SUKANYA BALIGA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING / SETTING ASIDE THE IMPUGNED ORDER PASSED IN L.A.C. NO. 36/2015 DATED 02/12/2019, BY THE HONBLE SENIOR CIVIL JUDGE AND JMFC AT KUNIGAL, AT ANN-A BY FIXING THE PREVAILING MARKET VALUE OF THE PETITIONERS PROPERTY WAS VALUED MORE THAN RS. 50,000/- GUNTA. Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:5410 WP No. 35508 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petitioners are before this Court being aggrieved by the order dated 02.12.2019 passed in LAC No.36/2015 on the file of Senior Civil Judge, JMFC, Kunigal under Section 18(1) of the Land Acquisition Act, 1894 seeking following reliefs; "a. Issue a writ in the nature of Certiorari or any other appropriate writ, quashing /setting-aside the impugned order passed in LAC No.36/2015 dated 02.12.2019 by the Hon'ble Senior Civil Judge and JMFC at Kunigal at Annexure-A by fixing the prevailing market value of the petitioner's property was valued more than Rs.50,000/- gunta." 2. The petition essentially seeking enhancement of compensation awarded by the respondent No.1-SLAO and re- determined by LAC Court as above which is required to be adjudicated as provided under Section 54 of the Land Acquisition Act, 1894. - 3 - NC: 2025:KHC:5410 WP No. 35508 of 2024 3. At this juncture counsel for the petitioners seeks leave of the Court to withdraw the petition and pursue the remedy as provided thereunder. In view of the above, petition is disposed of as withdrawn with liberty as sought for. SD/- (M.G.S. KAMAL) JUDGE PK List No.: 1 Sl No.: 13 CT: BHK