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2025 DAILYLAW 88063 (KAR)

RAJESH K T v. THE DEPUTY COMMISSIONER

WP/33231/2025 · 2025-12-17

K S Hemalekha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:53727 WP No. 33231 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 33231 OF 2025 (LA-RES) BETWEEN: 1. RAJESH K T S/OTHAMMANNA, AGED ABOUT 56 YEARS. OCC AGRICULTURE, KABBAREGRAMA, KASABAHOBLI, MADDUR TALUK - 571 428. …PETITIONER (BY SRI. ARCHANA MURTHY.,ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER MANDYA-571 401. 2. THE ASSISTANT COMMISSIONER, MANDYA-571 401. 3. THE TAHASILDAR, MANDYA-571 401. 4. THE SURVEYOR, MANDYA-571 401. 5. THE SPECIAL LAND ACQUISITION OFFICER, DEPUTY COMMISSIONER OFFICE BUILDING MANDYA-571 401. 6. THE EXECUTIVE ENGINEER, P.W.D, MANDYA-571 401. …RESPONDENTS (BY SRI. HARISHA A S.,AGA FOR R1 TO R6) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53727 WP No. 33231 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT HEREIN TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 21/7/25 AND 23/7/25 RESPECTIVELY VIDE ANNEXURE C-F AND CONSEQUENTLY TO GRANT FAIR COMPENSATION IN THE INTEREST OF JUSTICE AND EQUITY 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 directing the respondents-authorities to consider the representations dated 21.07.2025 and 23.07.2025 at Annexures-C to F. 2. Heard learned Counsel for the petitioner and learned Addl. Government Advocate appearing for the respondents. 3. The petitioner claims to be the absolute owner in possession of the land bearing Survey No.64/9 measuring 10 guntas situated at Kabbare Village, Kasaba Hobli, Maddur Taluk (for short 'the land'). The case of the - 3 - HC-KAR NC: 2025:KHC:53727 WP No. 33231 of 2025 petitioner is that respondent No.5 without initiating any acquisition proceedings or issuing statutory notification, has utilized the subject land for formation Rudrakshipura- Halagur Tar road. Consequent upon such utilization, the petitioner submitted representations seeking for compensation for the land so taken over. 4. It is brought to the notice of this Court that respondent No.4 has conducted a survey, prepared a sketch and categorically recorded that petitioner's land has been utilized for the purpose of road formation as reflected in Annexure-G. Despite the said factual position, representations submitted have not been considered till date. 5. Learned counsel for the respondents submits that the petitioner's representations would be considered in accordance with law, within a time bound manner. 6. Having regard to the submission made, the grievance of the petitioner would stand redressed, if - 4 - HC-KAR NC: 2025:KHC:53727 WP No. 33231 of 2025 appropriate directions are issued to the respondent- authorities to consider the petitioners representations in light of survey report and sketch already prepared and accordingly, this Court pass the following: ORDER i) The writ petition is disposed of. ii) The respondents are directed to consider the petitioner's representations dated 21.07.2025 and 23.07.2025 (Annexures-C to F), keeping in mind, the survey report and sketch prepared by respondent No.4 as per Annexure-G and pass appropriate orders within a period of eight(8) weeks from the date of receipt of a certified copy of this order. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 10