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2025 DAILYLAW 57897 (KAR)

SRI.KALAPPA v. STATE OF KARNATAKA

WP/35680/2024 · 2025-12-02

K S Hemalekha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:50836 WP No. 35680 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.35680 OF 2024 (LA-RES) BETWEEN: SRI KALAPPA S/O LATE GURAPPA, AGED ABOUT 80 YEARS, RESIDING AT NO. #33, GIRIGOWDANADODDI VILLAGE, VADRAPALYA, THATTAGUPPE POST, BANGALORE SOUTH TALUK, PIN CODE-560 082. …PETITIONER (BY SRI PUNITH C., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BANGALORE-560 001. 2. THE DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, K.G. ROAD, BANGALORE-560 009. 3. THE ASSISTANT COMMISSIONER AND THE SPECIAL LAND ACQUISITION OFFICER, BANGALORE SOUTH SUB-DIVISION, K.G. ROAD, BANGALORE-560 009. 4. THE TAHSILDAR, ANEKAL TALUK, BANGALORE-562 106. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50836 WP No. 35680 of 2024 5. THE EXECUTIVE DIRECTOR BANNERGHATTA BIOLOGICAL PARK, BANGALORE-560 083. …RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-1 TO R-5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO 5 RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED 28.10.2015 AND 31.08.2024 BY THE PETITIONER AS PER ANNEXURES-F1 TO F3 AND FURTHER BY DIRECTING THEM TO PAY THE COMPENSATION TO THE PETITIONER UNDER THE PROVISIONS OF THE RIGHT TO FAIR COMPENSATION AND REHABILITATION ACT, 2013 ALONG WITH THE OTHER STATUTORY BENEFITS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner has approached this Court seeking a writ of mandamus directing respondent Nos. 2 to 5 to consider his representations dated 28.10.2015 and 31.08.2024 (Annexures-F1 to F3) and further, to pay compensation under the provisions of Right to Fair Compensation and Rehabilitation Act, 2013 along with other statutory benefits. 2. Heard the learned counsel for the petitioner and the learned AGA for the respondents. - 3 - HC-KAR NC: 2025:KHC:50836 WP No. 35680 of 2024 3. The case of the petitioner is that he is the owner of a land measuring 1 acre 8 guntas in Sy. No. 236/2 (out of 2 acres 24 guntas including 8 guntas of ‘A’ Kharab) situated at Bannerghatta Village, Jigani Hobli, Anekal Taluk, Bangalore South Taluk, having purchased the same under the registered sale deed dated 04.03.1978. It is stated that preliminary notification dated 25.06.1977 was issued under Section 4(1) of the Land Acquisition Act, 1894 notifying the entire extent of Sy. No. 236/2 along with other lands for the purpose of development of Bannerghatta National Park, followed by final notification. 4. Learned counsel for the petitioner submits that though an award has been passed in respect of 1 acre 8 guntas, the compensation amount was paid to one Sri Laxam Singh, s/o Late Ramswamy and no award has been passed to the remaining extent belonging to the petitioner. It is further submitted that the name of petitioner has been mutated in the RTC, and despite repeated - 4 - HC-KAR NC: 2025:KHC:50836 WP No. 35680 of 2024 representations made by the petitioner, the same have not been considered till date. 5. Learned AGA appearing for the State submits that the representations submitted by the petitioner would be considered in accordance with law within a time bound manner. 6. Without expressing any opinion on the merits of the claim of the petitioner, this Court is of the view that the grievance of the petitioner would be adequately addressed if necessary directions are issued to the respondents. Accordingly, this Court pass the following : ORDER (i) The Writ Petition is disposed of. (ii) The respondents are directed to consider the representations of the petitioner dated 28.10.2015 and 31.08.2024 (Annexures-F1 to F3) and pass appropriate orders in accordance with law, within a period of eight - 5 - HC-KAR NC: 2025:KHC:50836 WP No. 35680 of 2024 weeks from the date of receipt of the copy of this order. Sd/- ____________________ JUSTICE K.S. HEMALEKHA CKL List No.: 1 Sl No.: 44