SRI ANANT RAMACHANDRA JANGALE v. THE STATE OF KARNATAKA
WP/30032/2008 · 2025-02-24
Suraj Govindaraj
body2025
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[ 2025 DAILYLAW 4186 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4186 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:3815 WP No. 30032 of 2008
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. 30032 OF 2008 (LA-UDA) BETWEEN:
SRI ANANT RAMACHANDRA JANGALE AGE: MAJOR, OCC: NIL, R/O. 128/B, BEHIND POST OFFICE, SUBASH MARKET, HINDAWADI, BELAGAVI-590011. …PETITIONER (BY SMT. CHETANA S. BIRAJ, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY HOUSING AND URBAN DEVELOPMENT, M.S. BUILDING, VIDHANAVEEDHI, BENGALURU-560001. 2. THE COMMISSIONER, BELAGAVI URBAN DEVELOPMENT AUTHORITY, BELAGAVI-590001. 3. THE SPECIAL LAND ACQUISITION OFFICER, BELGAUM URBAN DEVELOPMENT AUTHORITY BELAGAVI-590001. 4. SRI. SRIDAR MAGADEV BHANDARI SINCE DECEASED BY LRS,
4A. SMT. APARNA SHRIDHAR BHANDARI AGE: 54 YEARS, OCC: HOUSEHOLD WORK, R/O 2ND CROSS, PATWARDHAN LAYOUT, ADARSH NAGAR, MADHAVPUR VADAGAO, BELAGAVI-590005. 4B. RUTUJA D/O SHRIDHAR BHANDARI AGE: 17 YEARS, OCC: STUDENT, R/O 2ND CROSS, PATWARDHAN LAYOUT,
ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.27 17:00:52 +0530
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NC: 2025:KHC-D:3815 WP No. 30032 of 2008
ADARSH NAGAR, MADHAVPUR VADAGAO, BELAGAVI-590005, (NOTE- SICE RESPONDENT NO.4B BEING MINOR, REPRESENTED BY NATUREAL MOTHER R4A.)
…RESPONDENTS (BY SRI V.S.KALASURMATH, AGA FOR R1, M.A.HULYAL, ADVOCATE FOR R2-3, R4(A-B) SERVED)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE AWARD DATED 16.06.2007 PRODUCED AS PER COPY ANNEXURE-C BEARING NO.B.N.P/LAQ/YO-06,2007-08 AND THE NOTICE DATED 16.07.2007 AS PER ANNEXURE-B BEARING NO. LAQ/YO-06/2007-08 ISSUED BY THE 3RD RESPONDENT AS ILLEGAL AND VOID AND DECLARE THE PROCEEDINGS OF ACQUISITION MADE IN PURSUANCE TO THE IMPUGNED AWARD IS NOT RELATABLE TO THE LAND OF THE PETITIONER TO THE EXTENT OF 23 GUNTAS IN SY.NO.698/3 OF ANAGOL VILLAGE, AND IS IN VIOLATION OF THE PROVISIONS OF THE ACT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The petitioner is before this Court seeking for the following reliefs:
“(1) Issue a writ of certiorari quashing the award dated 16.06.2007 produced as per copy Annexure-C bearing No.B.N.P/LAQ/YO-06,2007-08 and the notice dated 16.07.2007 as per Annexure-B bearing No.LAQ/YO-06/2007-08 issued by the 3rd respondent as illegal and void.
and
(2) Declare the proceedings of acquisition made in pursuance to the impugned award is not relatable to the land of the petitioner to the extent of 23 guntas in Sy.No.698/3 of Anagol village, and etc.,
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NC: 2025:KHC-D:3815 WP No. 30032 of 2008
2. Though, the various contentions have been taken up in the petition, during pendency of the above matter, an award having been passed, a reference under 31 of the Land Acquisition Act, 1894 having been made, the petitioner had withdrawn an amount of Rs.2,61,605/- being the compensation as regards 29 gunta in R.S.No.698/4. 3. In pursuance of which, the proceedings in Misc.No.16/2016 were also closed. Such being the case, the above petition ought not to have been continued. The claim of the petitioner as regards compensation having been resolved way back in the year 2016 itself. Hence, petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK CT:GSM List No.: 1 Sl No.: 124