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2025 DAILYLAW 50394 (KAR)

SRI SHIVANAND S/O SHANKRAPPA RAVATARA v. THE SPECIAL LAND ACQUISITION OFFICER

WP/102221/2025 · 2025-04-26

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:6927 WP No. 102221 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 102221 OF 2025 (LA-RES) BETWEEN: 1. SRI. SHIVANAND S/O SHANKRAPPA RAVATARA, AGE: 52 YEARS, OCC: AGRICULTURE, R/O: BELUR, TQ: BADAMI, DIST: BAGALKOT. 2. SRI. BASAVARAJ S/O SHANKRAPPA RAVATARA, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: BELUR, TQ: BADAMI, DIST: BAGALKOT. 3. SRI. SHRISHAIL S/O SHANKRAPPA RAVATARA, AGE: 48 YEARS, OCC: AGRICULTURE, R/O: BELUR, TQ: BADAMI, DIST: BAGALKOT. 4. SRI. ISHWAR S/O SHANKRAPPA RAVATARA, AGE: 46 YEARS, OCC: AGRICULTURE, R/O: BELUR, TQ: BADAMI, DIST: BAGALKOT. 5. SRI. ASHOK S/O SHANKRAPPA RAVATAR, AGE: 44 YEARS, OCC: AGRICULTURE, R/O: BELUR, TQ: BADAMI, DIST: BAGALKOT. … PETITIONERS (BY SRI. SACHHIDAND C. PATIL, ADVOCATE FOR SRI. S.S. YALIGAR, ADVOCATE) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:6927 WP No. 102221 of 2025 AND: 1. THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY, BANAPUR-GADDANAKERI SECTION, NH-367, MINI VIDHAN SOUDHA, DHARWAD, TQ: AND DIST: DHARWAD-580 007. 2. THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY, NATIONAL HIGHWAYS DIVISION, MINI VIDHAN SOUDHA, DHARWAD, TQ: AND DIST: DHARWAD-580 007. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Sachhidand C.Patil., counsel on behalf of Sri.S.S.Yaligar., for the petitioners and Smt.Kirtilata R.Patil., HCGP for the respondents have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Mandamus directing the respondents to consider the representations dated:23.01.2024 and 18.03.2025 issued by the petitioners vide Annexures-G and J. - 3 - NC: 2025:KHC-D:6927 WP No. 102221 of 2025 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. The apprehension of the petitioners is that the respondents are taking coercive steps for demolition of the suit structures. Hence, they contend that an appropriate direction may be issued to the respondents not to take coercive steps till the consideration of their representations. 5. HCGP on instructions submits that the respondents are not taken any steps to demolish the suit structures. 6. The oral submission made by counsel for the respective parties is placed on record. 7. A Mandamus is ordered directing the respondents to consider the representations dated:23.01.2024 and 18.03.2025 submitted by the petitioners vide Annexure-G and J in accordance with law, within eight weeks from the receipt of certified copy of this order, if not already considered. The respondents are hereby directed not to precipitate the matter till the consideration of the representations submitted by the petitioners. - 4 - NC: 2025:KHC-D:6927 WP No. 102221 of 2025 8. Resultantly, the Writ Petition is disposed of. Sd/- (JYOTI MULIMANI) JUDGE MRP/RH LIST NO.: 1 SL NO.: 35