Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 69166 (KAR)

SRI HARISH K M v. THE STATE OF KARNATAKA

WP/26505/2025 · 2025-10-08

K S Hemalekha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:39624 WP No. 26505 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 26505 OF 2025 (LA-KHB) BETWEEN: SRI HARISH K M AGED 55 YEARS S/O LATE K B MUNIREDDY 54, 4TH CROSS, BALAPPA REDDY ROAD, BALAPPA REDDY HOUSE, NEAR KOTE VENKATESHWARA TEMPLE KRISHNARAJAPURAM BENGALURU 560036 …PETITIONER (BY SRI. YASHWANTH C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF HOUSING AND URABN DEVELOPMENT VIDHANA SOUDHA DR AMBEDKAR VEEDHI BENGALURU- 560 001 2. SPECIAL LAND ACQUISITION OFFICER KARNATAKA HOUSING BOARD AMBEDAKAR VEEDHI BENGALURU- 560 009 3. THE KARNATAKA HOUSING BOARD REPRESENTED BY ITS COMMISSIONER 5TH FLOOR CAUVERY BHAVAN K G ROAD BENGALURU- 560 009 …RESPONDENTS Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39624 WP No. 26505 of 2025 (BY SRI. HARISHA A.S, AGA FOR R1; SRI. H.N.PRADEEPKUMAR, ADVOCATE FOR R2 AND R3) THIS WP IS FILED UNDER ARTICES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE R-2 TO CONSIDER THE REPRESENTATION DTD 16.08.2025 AT ANNX-D AND TO ISSUE NO OBJECTIONS CERTIFICATE TO AN EXTENT OF 1 ACRE SITUATED IN SY NO. 20/1 OF KOWDENAHALLI VILLAGE, KR PURAM HOBLI, BENGALURU EAST TALUK, BENGALURU IN TERMS OF THE ACQUISITION NOTIFICATION DTD 26.03.2009 AT ANNX-B WITHIN A TIME FRAME. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Learned Addl. Government Advocate accepts notice for respondent No.1. 2. Sri. H.N.Pradeepkumar, learned counsel is directed to take notice for respondent Nos.2 and 3. 3. Petitioner is before this Court seeking for the following reliefs: a) Issue Writ in the nature of Mandamus directing the 2nd respondent to consider the representation dated 16.08.2025 at ANNEXURE-D and to issue no objections certificate to an extent of - 3 - HC-KAR NC: 2025:KHC:39624 WP No. 26505 of 2025 1 acre situated in Sy.No.20/1 of Kowdenahalli village, KR Puram Hobli, Bengaluru East Taluk, Bengaluru in terms of the acquisition notification dated 26.03.2009 at Annexure-B within a time frame. b) Issue such other Writ or order or direction as this Hon'ble Court deems fit to grant under the circumstances of the case in the interest of justice and equity". 4. Heard learned counsel appearing for the petitioner, learned AGA for respondent No.1 and learned counsel appearing for respondents 2 and 3. 5. It is submitted that the land bearing Sy.No.20/1 of Kowdenahalli Village, KR Puram Hobli, Bengaluru East Taluk, Bengaluru, measuring to an extent of 4 acres 20 guntas, an extent of 2 acre 20 guntas was owned and possessed by one Sri. Balappa Reddy and an extent of 2 acres by the family members of the petitioner. 6. Respondent No.2 initiated acquisition proceedings and issued a Final Notification dated 26.03.2009 under Section 6(1) of the Land Acquisition Act, 1894, acquiring 2 - 4 - HC-KAR NC: 2025:KHC:39624 WP No. 26505 of 2025 acre 20 guntas owned by Sri. Balappa Reddy and 1 acre out of 2 acres belonging to the petitioner. The petitioner challenged the acquisition proceedings before this Court in WP.No.40891/2012, which is pending consideration. The remaining un-acquired extent of 1 acre in Sy.No.20/1 has been demarcated by the acquiring authorities and continues to remain in the possession and enjoyment of the petitioner. 7. The grievance of the petitioner is that, the authorities, instead of entering the name of Karnataka Housing Board in column No.9 to an extent of 3 acres 20 guntas, have made an erroneous entry in column No.11 as "Acquired by Karnataka Housing Board". It is further submitted that the petitioner made a representation dated 16.08.2025 to respondent No.2 narrating the relevant facts and circumstances and sought the issuance of a "No Objection Certificate" in respect of un-acquired extent of 1 acre. However, the said representation has not been considered till date. - 5 - HC-KAR NC: 2025:KHC:39624 WP No. 26505 of 2025 8. Learned counsel appearing for the respondents fairly submit that, if some reasonable time is granted, the authorities, will consider the petitioner's representation in accordance with law. 9. The said submission is taken on record. 10. In view of the submission made, the grievance of the petitioner stands redressed if appropriate directions are issued to respondent No.4. Accordingly, this Court pass the following; ORDER i) The writ petition is disposed of. ii) Respondent No.2 is directed to consider the petitioner's representation dated 16.08.2025 at Annexure-D, within an outer limit of three months from the date of receipt of the certified copy of this order and to pass appropriate orders in accordance with law. Sd/- ____________________ JUSTICE K.S. HEMALEKHA PHM/List No.: 1 Sl No.: 16