Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:47692 WP No. 29589 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO.29589 OF 2025 (LA-RES)
BETWEEN:
1.
SMT. SUNITH .R W/O LATE KUBER S.B.
AGED ABOUT 32 YEARS,
RESIDING AT SEEGEHADLU VILLAGE,
KEMANAKERE POST,
HERENALLOORU HOBLI,
KADURU TALUK,
CHIKKAMAGALURU-577116.
2.
SRI S.M. SANNA THIMMAPPA S/O SRI BHANGI MALLAPPA,
AGED ABOUT 63 YEARS,
R/AT NO.69, SEEGEHADLU VILLAGE,
KEMANAKERE POST,
HERENALLOORU HOBLI,
KADURU TALUK,
CHIKKAMAGALURU-577116. …PETITIONERS
(BY SRI PRAKASHA M., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY
DEPARTMENT OF REVENUE (LAND ACQUISITION)
VIDHANA SOUDHA,
BENGALURU-560001.
2.
THE SPECIAL LAND ACQUISITION OFFICER COMPETENT AUTHORITY,
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:47692 WP No. 29589 of 2025
NATIONAL HIGHWAY-173,
NATIONAL HIGHWAY AUTHORITY OF INDIA,
KADURU-HOSADURGA DIVISION,
K.R.CIRCLE, BENGALURU-560001.
3.
THE ASSISTANT EXECUTIVE ENGINEER NATIONAL HIGHWAY SUB-DIVISION
CHITRADURGA- DISTRICT
CHITRADURGA-5772101. …RESPONDENTS
(BY SRI HARISHA A.S., AGA FOR R-1;
SRI N. KUMAR, ADVOCATE FOR R-2 & R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS AUTHORITIES TO CONSIDER THE REPRESENTATION DATED 03.01.2025 AND ACKNOWLEDGEMENT RECEIVED ON 06.01.2025 THE LAND WAS ACQUISITION FOR THE PURPOSE OF WINDING ROAD NATIONAL HIGHWAY NH-173 KADURU-HOSADURGA ROAD, IN RESPECT OF LAND BEARING SY.NO.94/4A INTO EXTENT OF 0.06¼ GUNTAS OUT OF 0.29.08 GUNTAS AND LAND BEARING SY.NO.94/9 EXTENT INTO EXTENT 0.11¾ GUNTAS OUT OF 0.29.08 GUNTAS SITUATED AT BANTEGANAHALLI VILLAGE, HIRENALLOORU HOBLI, KADURU TALUK, CHIKKAMAGALURU DISTRICT OF THE PETITIONERS, VIDE ANNEXURE-J AND J1, IN THE INTEREST OF JUSTICE AND EQUITY.
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
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HC-KAR NC: 2025:KHC:47692 WP No. 29589 of 2025
ORAL ORDER
The petitioners have approached this Court seeking a writ of mandamus directing the respondents to consider their representation dated 03.01.2025 (Annexure–J), wherein they have requested the authorities to address their grievance relating to acquisition of portion of land bearing Sy.Nos.94/4A and 94/9 situated at Baneganahalli Village, Hirenallooru Hobli, Kaduru Taluk, Chikkamagaluru District acquired for the widening of National Highway No.173.
2.
Learned counsel for the petitioners submits that despite the petitioners having submitted the representation dated 03.01.2025, the respondents, more particularly respondent No.3, has not passed any orders even after lapse of considerable time.
3. Learned Additional Government Advocate submits that the representation at Annexure–J was not submitted to respondent No.3. It is further submitted that if the petitioners now submit an appropriate
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HC-KAR NC: 2025:KHC:47692 WP No. 29589 of 2025
representation to the concerned authority, the same shall be considered expeditiously in accordance with law.
4.
Learned counsel for the petitioners submits that petitioners would make a fresh representation to respondent No.3-authority.
5. Having regard to the submissions and without expressing any opinion on the merits of the claim, this Court deems it appropriate to grant an liberty to the petitioners to submit a fresh representation to the concerned authority. Accordingly, this Court pass the following:
ORDER i. The petition is disposed of. ii. The petitioners are at liberty to submit their representation to respondent No.3 within one week from the date of receipt of the certified copy of this order. Upon such representation, respondent No.3 shall consider the same within
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HC-KAR NC: 2025:KHC:47692 WP No. 29589 of 2025
two weeks thereafter and pass appropriate orders in accordance with law.
Sd/- _______________________ JUSTICE K.S. HEMALEKHA
AT List No.: 1 Sl No.: 15