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2025 DAILYLAW 5734 (KAR)

ANDANAPPA ALIAS MUTTURAJ v. THE STATE OF KARNATAKA

WP/103870/2024 · 2025-04-03

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:5939 WP No. 103870 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 103870 OF 2024 (LA-RES) BETWEEN: ANDANAPPA @ MUTTURAJ S/O. VEERABHADRAPPA ADAGATTI, AGE: 56 YEARS, OCC: AGRICULTURE, R/O: BAGALKOT, TAL: BAGALKOT, DIST: BAGALKOT-587 101. … PETITIONER (BY SRI. VINOD SHANKAR PAWAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, BENGALURU-560 001. 2. THE COMMISSIONER, REHABILITATION AND RESETTLEMENT (R AND R) LAND ACQUISITION, EX-OFFICIO SECRETARY, TO GOVERNMENT, REVENUE DEPARTMENT, UKP, NAVANAGAR, BAGALKOT-587 101. 3. SPECIAL DEPUTY COMMISSIONER AND GENERAL MANAGER, R AND R, UKP, NAVANAGAR, BAGALKOT, DIST. BAGALKOT-587 101. 4. THE BAGALKOT TOWN DEVELOPMENT AUTHORITY, NAVANAGAR, BAGALKOT, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5939 WP No. 103870 of 2024 REPRESENTED BY ITS CHIEF ENGINEER-587 101. 5. SPECIAL LAND ACQUISITION OFFICER, BAGALKOT TOWN DEVELOPMENT AUTHORITY, NAVANAGAR, BAGALKOT-587 101. … RESPONDENTS (BY SMT. KIRTILATA.R.PATIL., HCGP FOR R1-3 & 5; SRI. G.K.HIREGOUDAR., ADVOCATE FOR R4) 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 IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Vinod Shankar Pawar., counsel for the petitioner and Smt.Kirtilata R.Patil., HCGP for respondents 1 to 3 and 5 have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Mandamus directing respondents 1 to 5 to consider the representation given by the petitioner dated 20.03.2023 vide Annexure-D and Additional representation dated 27.03.2023 vide Annexure-E pursuant to the order passed by this Hon’ble Court in W.P. No.101002/2016 dated 22.02.2023 vide Annexure-C. - 3 - NC: 2025:KHC-D:5939 WP No. 103870 of 2024 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. A perusal of the Writ papers would reflect that this Court vide order dated 22.02.2023 had directed the petitioner to submit a fresh representation, objections along with the relevant documents to the concerned respondents - State requesting/ seeking dropping/ deletion of the subject lands from the acquisition proceedings within a period of four weeks. Pursuant to the said order, the petitioner submitted his representations. The grievance of the petitioner is that the representations are not considered by the Government as of today. Hence, he is before this Court. Because of the non consideration of the representation. This Court deems it proper to direct the respondents - State to consider the representation of the petitioner as ordered by this Court, in accordance with the law, with law within four weeks from today. 5. Resultantly, the Writ Petition is allowed. - 4 - NC: 2025:KHC-D:5939 WP No. 103870 of 2024 Because of the disposal of the Writ Petition, all pending interlocutory applications if any are disposed of and the interim order if any granted by this Court stands discharged. Sd/- (JYOTI MULIMANI) JUDGE RH List No.: 1 Sl No.: 43