Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 72459 (KAR)

SRI VINOD KUMAR K v. STATE OF KARNATAKA

WP/3748/2025 · 2025-11-28

K S Hemalekha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:49719 WP No. 3748 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.3748 OF 2025 (LA-BDA) BETWEEN: SRI VINOD KUMAR .K S/O. LATE SRI A.D. KUMARASWAMY, AGED ABOUT 71 YEARS, R/AT NO.106, WHEELERS ROAD, COX TOWN, BANGALORE-560 005. …PETITIONER (BY SRI D.N. MANJUNATH, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY URBAN DEVELOPMENT AUTHORITY, VIDHANA SOUDHA, VIDHANA VEEDHI, BANGALORE-560001. 2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, K.P. WEST, BANGALORE-560020. 3. DEPUTY COMMISSIONER, LAND ACQUISITION, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, K.P. WEST, BANGALORE-560020. 4. THE SPECIAL LAND ACQUISITION OFFICER, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, K.P. WEST, BANGALORE-560020. …RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-1; SRI K. KRISHNA, ADVOCATE FOR R-2 TO R-4) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49719 WP No. 3748 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS PERTAINING TO THE PROCEEDINGS INITIATED BY THE 4TH RESPONDENT IN LAC NO.692/1978 ON SPOT INSPECTION REPORT AS PER ANNEXURE-K2 PROCEEDINGS IN LAC NO.228/1982 INITIATED BEFORE THE HON’BLE CIVIL COURT DISPOSED OF ON 19- 04-1984 BY ISSUING ENDORSEMENT AS PER ANNEXURE-K AND ETC. 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 to consider his representation dated 29.01.2025 (Annexure-P6) requesting payment of compensation in view of the order passed by the Division Bench of this Court in W.A. No.325/2024 dated 01.07.2024 (Annexure-N). Brief facts: 2. The petitioner had earlier filed W.P.No.20575/2021 c/w W.P. No.21629/2021 seeking quashing of the preliminary and final notifications relating to the acquisition in question. The said writ petition came to be dismissed on the ground of unexplained delay of 44 - 3 - HC-KAR NC: 2025:KHC:49719 WP No. 3748 of 2025 years. In W.A. No.325/2024, the Division Bench confirmed but granted liberty to the petitioner to approach the competent authority in accordance with law. Acting upon such liberty, the petitioner submitted a representation dated 29.01.2025 (Annexue-P6) seeking consideration of his claim for compensation. 3. The grievance of the petitioner is that despite the representation having been submitted, no decision has been taken by the Competent Authority. 4. Sri K. Krishna, learned counsel for the BDA, submits that the compensation amount relating to the subject acquisition has already been deposited in LAC No.228/1982 under Sections 30 (1) and 30 (2) of the Land Acquisition Act, 1894 (‘LA Act’ for short) owing to rival claims made by the parties. However, he submits that the petitioner’s representation shall be considered and appropriate orders shall be passed in a time-bound manner. - 4 - HC-KAR NC: 2025:KHC:49719 WP No. 3748 of 2025 5. Without expressing any opinion on the merits or demerits of the case, this Court deems it appropriate to issue necessary directions to consider the representation in accordance with law. Accordingly, this Court pass the following: ORDER i. The writ petition is disposed of. ii. Respondent Nos.2 to 4 are directed to consider the petitioner’s representation dated 29.01.2025 (Annexure–P6) and pass appropriate orders, strictly in accordance with law, within a period of six weeks from the date of receipt of a certified copy of this order. Sd/- _____________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 39