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2025 DAILYLAW 85216 (KAR)

DR ABDUL ALEEM S/O MOHAMMED KHADAR v. THE SPECIAL LAND ACQUISITION OFFICER,

WP/108966/2025 · 2025-12-15

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:18233 WP No. 108966 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108966 OF 2025 (LA-RES) BETWEEN: DR. ABDUL ALEEM S/O. MOHAMMED KHADAR AGE: 50 YEARS, OCC: MEDICAL PRACTITIONER R/O: KARATAGI, DIST: KOPPAL. …PETITIONER (BY SRI. GOODWALA SADIQALI NAZEER, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER, LAND ACQUISITION OFFICE MUNIRABAD -MEHABOOB NAGAR RAILWAY LINE CONSTRUCTION PROJECT SINDHANUR, DIST: RAICHUR 584128. 2. THE ASSISTANT DIRECTOR OF LAND RECORDS DEPARTMENT TAHSILDAR OFFICE, GANGAVATHI 583 227 DIST: KOPPAL. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.1 TO GRANT COMPENSATION FOR 10 GUNTAS OF LAND ACQUIRED FOR RAILWAY LINE OF SY.NO.153/10 SITUATED AT KARATAGI, DIST. KOPPAL AS PER SURVEY SKETCH DATED 08.04.2023 VIDE ANNEXURE-E. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:18233 WP No. 108966 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: a. “A writ in the nature of Mandamus directing the Respondent No.1 to grant compensation for 10 Guntas of land acquired for railway line of Sy.No.153/10 situated at Karatagi, dist. koppal as per survey sketch dated 08.04.2023 vide ANNEXURE-E. b. Issue such other reliefs as this Hon’ble Court deems fit in the circumstances of the case.” 2. Heard Sri.Sadiq N. Goodwala, learned counsel for the petitioner and Smt.Girija S. Hiremath, learned HCGP for respondents. 3. A general award came to be passed on 08.02.2012. Thereafter, respondent No.1 sought clarification from respondent No.2, pursuant to which it came to the notice of the respondents that an extent of 8 guntas in excess of the land stipulated in the acquisition notification had been acquired. 4. In view of the said discovery, the petitioner submitted a representation seeking compensation for the additional 8 guntas of land that had been acquired, which came to light upon inspection. - 3 - HC-KAR NC: 2025:KHC-D:18233 WP No. 108966 of 2025 5. In the light of the representation pending consideration at the hands of the respondents, this Court deems it appropriate to dispose of the petition with a direction to the respondents to consider the petitioner’s representation and pass appropriate orders in accordance with law, within an outer limit of twelve (12) weeks from the date of receipt of a copy of this order, if not already considered. 6. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE AC CT:ANB List No.: 2 Sl No.: 12