IRAPPA S/O HANUMAPPA APPANNAVAR v. THE DEPUTY COMMISSIONER
WP/101743/2025 · 2025-09-11
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 60534 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 60534 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:11765 WP No. 101743 of 2025
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 101743 OF 2025 (GM-RES) BETWEEN:
IRAPPA S/O. HANUMAPPA APPANNAVAR, AGE: 63 YEARS, OCC. AGRICULTURE, R/O. SANGODI VILLAGE, TQ. BAGALKOT, DIST. BAGALKOT-587313. …PETITIONER (BY SRI. MRUTYUNJAYA S.HALLIKERI, ADVOCATE)
AND:
1.
THE DEPUTY COMMISSIONER, BAGALKOT-587103.
2.
THE SPECIAL LAND ACQUISITION OFFICER NAVANAGAR, BAGALKOT-587103.
3.
REHABILITATION OFFICER UPPER KRISHNA PROJECT, NAVANAGAR, BAGALKOT, TALUK AND DISTRICT: BAGALKOT-587103. …RESPONDENTS (BY SRI. SHARAT V. MAGADUM, AGA FOR R1 TO R3)
THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. ISSUE A WRIT,
ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.3 TO CONSIDER THE LEGAL NOTICE DATED. 16/07/2024 AND 13/08/2024 VIDE ANNEXURE- E AND FAND REPRESENTATION DATED. 24.11.2021 VIDE
Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:11765 WP No. 101743 of 2025
ANNEXURE-D, IN THE INTEREST OF JUSTICE AND EQUITY. B.
ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.3 ALLOT SITE UNDER THE REHABILITATION SCHEME, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. Learned AGA accepts notice for respondent Nos.1 to 3.
2. The petitioner is before this Court seeking for the following reliefs: a. ISSUE a Writ, Order or direction in the nature of mandamus directing the respondent No.3 to consider the Legal Notice dated. 16/07/2024 and 13/08/2024 vide Annexure-E and F and representation dated 24.11.2021 vide Annexure-D, in the interest of justice and equity.
b. ISSUE a Writ, Order or direction in the nature of mandamus directing the respondent no.3 allot site under the rehabilitation scheme, in the interest of justice and equity.
c. ISSUE such other Order or direction that is deemed fit under the facts and circumstances of the case in the interest of justice and equity.
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HC-KAR NC: 2025:KHC-D:11765 WP No. 101743 of 2025
3. The grievance of the petitioner is that, though his land was acquired under the Upper Krishna Project, and he is entitled to a house under the Rehabilitation Scheme, despite having submitted multiple representations and legal notices, no action has been taken by the respondents till date.
4. It is a well-settled principle that when a representation is submitted by a citizen to a public authority, it is the duty of that authority to consider the same in accordance with law either by accepting or rejecting it, and to pass appropriate orders within a reasonable time. Since the authorities have failed to do so, the following order is passed:
ORDER (i) The writ petition is allowed. (ii) Respondent No.3 is directed to consider the representation dated 24.11.2021 and the
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HC-KAR NC: 2025:KHC-D:11765 WP No. 101743 of 2025
legal notices dated 16.07.2024 and 13.08.2024 submitted by the petitioner, and to pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.
Sd/- (SURAJ GOVINDARAJ) JUDGE
VB CT:PA List No.: 1 Sl No.: 4