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2025 DAILYLAW 69231 (KAR)

SRI. N. S. NAGARAJU v. THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY

WP/11856/2025 · 2025-11-05

K S Hemalekha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:44575 WP No. 11856 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 11856 OF 2025 (LA-RES) BETWEEN: SRI. N.S. NAGARAJU AGED ABOUT 62 YEARS S/O LATE SUBBANNA RESIDENT OF NAGADENAHALLI VILLAGE KASABA HOBLI, DODDABALLAPURA TALUK - 562 163 BENGALURU RURAL DISTRICT. …PETITIONER (BY SRI. VINAYA KUMAR N.D, ADVOCATE) AND: THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY, NATIONAL HIGHWAY AUTHORITY OF INDIA MINISTRY OF TRANSPORT, NH-207, NEAR SRIGANDA PETROL BUNK SONDEKOPPA CIRCLE NELAMANGALA - 562 123 BENGALURU RURAL DISTRICT. …RESPONDENT (BY SRI. N. KUMAR, ADVOCATE) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44575 WP No. 11856 of 2025 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 07.10.2022 ISSUED BY THE R-1 VIDE SLAO/BHU.SWA/RA.HE.207/CR-11/2022-23 VIDE ANNX-K AND ETC., 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 1. Shri N. Kumar, learned counsel accepts notice for the respondent. 2. Heard the learned counsel appearing for the petitioner and learned counsel appearing for the respondent. Perused the material on record. 3. The petitioner has approached this Court seeking to set aside the order dated 07.10.2022 issued by the respondent - Authorities and to direct disbursement of the compensation in respect of land bearing Kaneshmari - 3 - HC-KAR NC: 2025:KHC:44575 WP No. 11856 of 2025 No.90 measuring East to West 27 gajas and North to South 9 gajas situated at Nagadevanahalli Village, Kasaba Hobli, Doddaballapura Taluk. 4. The case of the petitioner is that he is the absolute owner of the aforesaid land, which was required by the respondent for the formation of National Highway Road-207. It is stated that the name of the petitioner was not reflected in the records, though a portion of the property was purchased by one Chandrashekar, whose name appeared as the Khatedar in the records. The petitioner submitted a representation to the respondent stating that though a small portion was purchased by Chandrashekar, the remaining extent continued to belong to him. The respondent issued an endorsement dated 07.10.2022 stating that compensation was already disbursed to Chandrashekar to the extent of the land purchased by him and directed the petitioner to produce the tile deeds, Form No.9 and 11e-Khata and encumbrance certificate for verification. - 4 - HC-KAR NC: 2025:KHC:44575 WP No. 11856 of 2025 5. It is submitted that pursuant to the said endorsement dated 07.10.2022, the petitioner has submitted the required documents along with a representation at Annexure-L, but the same has not yet been considered by the respondent. The order dated 07.10.2022 being only a direction to produce the title deeds, and the matter remains pending before the authority, the petitioner is therefore prematurely before this Court. 6. In view of the above, this Court is of the opinion that no interference is called for at this stage and the respondent shall consider the representation submitted by the petitioner in accordance with law. 7. Accordingly, this Court pass the following: ORDER (i) The writ petition stands disposed of. (ii) The respondent - authority is directed to consider the representation submitted by the - 5 - HC-KAR NC: 2025:KHC:44575 WP No. 11856 of 2025 petitioner at Annexure-L along with the documents enclosed therewith and pass appropriate orders in accordance with law, within an outer limit of two months from the date of receipt of the certified copy of this order. Sd/- _____________________ JUSTICE K.S. HEMALEKHA JY List No.: 1 Sl No.: 8