MARUTI GHORPADE DEAD BY HIS LRS v. THE STATE OF KARANATAKA
WP/102688/2024 · 2025-01-10
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5014 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5014 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:390 WP No. 102688 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 102688 OF 2024 (LA-RES) BETWEEN:
MARUTI GHORAPADE DEAD BY HIS LR’S
1.
RADHABAI W/O. MARUTI GHORAPADE, AGE: 43, OCC: HOUSEHOLD WORK,
2.
AKSHAYKUMAR S/O. MARUTI GHORAPADE, AGE: 22, OCC: TEACHER,
3.
PRASAD S/O. MARUTI GHORAPADE, AGE: 22, OCC: ENGINEER,
4.
VISHNU S/O. MARUTI GHORAPADE, AGE: 20, OCC: STUDENT,
5.
LAXMIBHAI TAMMANARAO, M/O. MARUTI GHORAPADE, AGE: 79, OCC: HOUSEHOLD WORK,
ALL ARE RESIDENTS OF MACHAKNUR, TQ: MUDHOL, DIST: BAGALKOT-587313. …PETITIONERS (BY SMT. VIDYAVATI M. KOTTURSHETTAR, ADVOCATE) AND:
1.
THE STATE OF KARANATAKA, REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE, VIKAS SOUDHA, BENGALURU-560001.
GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH
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NC: 2025:KHC-D:390 WP No. 102688 of 2024
2.
THE MANAGING DIRECTOR, REHABILITATION AND RESETTLEMENT, UPPER KRISHNA PROJECT, NAVANAGAR, DIST: BAGALKOT-587101.
3.
THE COMMISSIONER, REHABILITATION AND RESETTLEMENT, EX/OFFICIO SECRETARY TO REVENUE DEPARTMENT, UPPER KRISHNA PROJECT, BAGALKOT, DIST: BAGALKOT-587301.
4.
THE SPECIAL LAND ACQUISITION OFFICER, UPPER KRISHNA PROJECT, TQ: JAMAKHANDI, DIST: BAGALKOT-587301.
5.
THE CHIEF ACCOUNT OFFICER, UPPER KRISHNA PROJECT, NAVANAGAR, BAGALKOT, DIST: BAGALKOT-587101.
6.
THE TAHASILDAR, MUDHOL, TQ: MUDHOL, DIST: BAGALKOT-587313. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE CONSENT AWARD DATED 20.03.2023 VIDE NO.LAQ/SR-09/2021-22 PASSED BY RESPONDENT NO.4 ANNEXURE-D AND THE
ORDER VIDE NO.KAME/BHUSWA-7/VINIVA-113/2022-2023 DATED 20/03/2023 APPROVED BY 3RD RESPONDENT ANNEXURE-E IN SO FOR AS IT RELATES TO THE LAND BELONGS TO PETITIONERS, THE R.S.NO.7 MEASURING 03 ACRES 11 GUNTAS AS PER ANNEXURE-C, SITUATED AT MACHAKANUR VILLAGE, MUDHOL TQ: BAGALKOT DISTRICT;
ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO PASS A GENERAL AWARD IN SO FAR AS THE PETITIONER LAND IS CONCERNED IN THE INTEREST OF JUSTICE AND DIRECT THE RESPONDENTS TO PASS A GENERAL AWARD IN RESPECT OF THE PETITIONER’S LAND.
THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC-D:390 WP No. 102688 of 2024
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The petitioners are before this Court seeking the following reliefs: a) Issue a writ in the nature of certiorari by quashing the consent award dated 20.03.2023 Vide No.LAQ/SR-09/2021-22 passed by respondent no.4 Annexure-D and the order Vide No. KAME/ BHUSWA-7/VINIVA-113/2022-2023 dated 20/03/2023 approved by 3rd respondent Annexure- E in so for as it relates to the land belongs to Petitioners, the R.S.No.7 measuring 03 acres 11 guntas as per Annexure-C, Situated at Machakanur village, Mudhol Tq: Bagalkot district.
b) Issue a writ in the nature of mandamus directing the respondents to pass a general award in so far as the Petitioner land is concerned in the interest of justice and direct the Respondents to pass a general award in respect of the Petitioner’s land.
c) Pass such other order or orders as this Hon’ble Court may deems fit in the circumstances of the case.
2.
Learned counsel for the petitioners filed a memo dated 02.12.2024 signed by petitioners No.1 to 4 and bearing left thumb impression of petitioner No.5, which is identified by counsel for the petitioner, as also signed by the petitioner, which reads as under:
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NC: 2025:KHC-D:390 WP No. 102688 of 2024
“It is Submitted that, the petitioners are willing to withdraw the above said Writ Petition. The Hon’ble Court may kindly be permit the petitioner to withdraw the above said writ petition. Accordingly the writ petition may kindly be disposed off in the interest of justice.”
3. Accepting the said memo and submission of the counsel for the petitioner, petition is dismissed as withdrawn.
Sd/- (SURAJ GOVINDARAJ) JUDGE
gab CT-MCK List No.: 1 Sl No.: 6