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2025 DAILYLAW 51827 (KAR)

RANGEGOWDA v. THE SPL. LAO

WP/20707/2025 · 2025-08-12

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:31184 WP No. 20707 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 20707 OF 2025 (LA-RES) BETWEEN: RANGEGOWDA S/O LATE GIRIGOWDA @ MEGLATTI GIRIGOWDA AGED ABOUT 58 YEARS GOVINDAGHATTA VILLAGE BELLURU HOBLI, NAGAMANGALA TALUK MANDYA DISTRICT 3 571 432. &PETITIONER (BY SRI MAHANTESH S.HOSMATH, ADVOCATE) AND: 1. THE SPL. LAO HEMAVATHI LEFT BANK CHANNEL OFFICE OF DEPUTY COMMISSIONER MANDYA TOWN 3 571 417. 2. THE DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA - 571 417. &RESPONDENTS (BY SRI RAJKUMAR M., AGA) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO CONSIDER THE PETITIONERS 28A APPLICATION DATED 16-06-2023 WHICH IS PRODUCED AT ANNEXURE-B TO THE WRIT PETITION AND RE-DETERMINE THE Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31184 WP No. 20707 of 2025 VALUE OF THE LAND AND TO RELEASE THE COMPENSATION, AS PER JUDGMENT AWARD PASSED BY THE LEARNED ADDL CIVIL JUDGE AND JMFC NAGAMANGALA IN LAC 467/2014 DATED 17-04-2023 PRODUCED AT ANNEXURE-A & A1, TO THE WRIT PETITION, WITHIN REASONABLE TIME IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this court seeking the following prayer. <i) Issue writ of Mandamus directing the respondents to consider the petitioner9s 28A application dated 16.06.2023 which is produced at Annexure-B to the writ petition and re-determine the value of the land and to release the compensation judgment as per award passed by the learned Additional Civil Judge and JMFC Nagamangala in LAC 467/2014 dated 17.04.2023 produced at Annexure-A and A1 to the writ petition, within reasonable time in the interest of justice and equity. ii) Please to pass any order and direction which this Hon9ble court deems fit under these circumstances.= - 3 - HC-KAR NC: 2025:KHC:31184 WP No. 20707 of 2025 2. Heard Sri Mahantesh S. Hosmath, learned counsel for petitioner and Sri Rajkumar M., learned Additional Government Advocate for the respondents. 3. The petitioners are land losers and on 27.06.2025, submit representation for the second time seeking consideration of the application under Section 28A of the Land Acquisition Act, 1984 and enhancement of compensation. The said representations going unheeded has driven the petitioner to this Court in the subject petition. 4. Learned High Court Government Pleader would submit that if reasonable time is granted, the applications of the petitioner would merit consideration in consonance with law and appropriate action would be taken thereon. 5. In the light of the said submission, without going into the merit of the matter, I deem it appropriate to direct respondent No.1 to consider the application/s submitted by the petitioner under Section 28A of the Act seeking enhancement of compensation, take appropriate action in accordance with law and communicate the said orders to the petitioner, within twelve weeks from the date of receipt of a copy of this order. - 4 - HC-KAR NC: 2025:KHC:31184 WP No. 20707 of 2025 6. With the aforesaid direction, writ petition stands allowed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 26 CT:SS