Kadaraiah vs the Commissioner

Kadaraiah vs The Commissioner

Type Court Judgment Court Karnataka Decided Mar 10, 2025

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https://sooperkanoon.com/case/1715992

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Citation: sooperkanoon.com/1715992
Court: Karnataka High Court
Judge: R Devdas
Decided On: Mar 10, 2025
Case Number: WP/4495/2018

Parties & Advocates

Appellant / Petitioner

Kadaraiah

Respondent

The Commissioner

Excerpt

.....h.d, advocate for r3 to r5) this wp is filed under articles 226 and 227 of the constitution of india praying to direct the respondents to consider the representation by the petitioner dated 4.1.2018 at annexure-m and pay the amount of compensation awarded in respect of his land bearing sy.no.37 measuring 1 acre 25 guntas situated donenahalli village, tavarekere hobli, bengaluru south taluk, bengaluru district as per the award notice dated 16.12.2015 annexure-k issued to the petitioner by the special land acquisition officer, karnataka housing board, bangalore. -3- this petition, coming on for orders, this day,order was made therein as under:coram: hon'ble mr justice r devdasoral orderon 03.03.2025, the following order was passed: "matter is called out. there is no representation for the petitioner. it is seen that by order dated 14.09.2022. i.a.no.1/2022 was allowed while permitting the legal representatives of the deceased petitioner to come on record. the directions were also issued to amend the cause title accordingly. the amendment has not been carried out. amended cause title is also not furnished. even on the previous occasion i.e., on 24.01.2025, there was no representation for the petitioner. re-list this matter on 10.03.2025. if there is no representation of the petitioner on the next date of hearing, the writ petition will be dismissed." -4-2. matter is called out. there is no representation for the petitioners.3. accordingly, the writ petition stands dismissed. in view of the disposal of the main matter, all pending i.as are disposed of. sd/- (r devdas) judge rv list no.: 1 sl no.: 17 ct: bhk

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO.4495 OF 2018 (LA-KHB) BETWEEN: KADARAIAH DEAD BY HIS LRS.
1. NARASIMHAMURTHY D.K, AGED ABOUT 57 YEARS,
2. NARAYANA D.K, AGED ABOUT 48 YEARS,
3. D.K. KANTHARAJU,

AGED ABOUT 46 YEARS, Digitally signed by JUANITA THEJESWINI APPLICANTS 1 TO 3 ARE RESIDENTS OF Location: HIGH NO. 39, DONNENAHALLI VILLAGE, COURT OF KARNATAKA CHIKKANAHALLI POST, THAVAREKERE HOBLI, BENGALURU SOUTH TALUK, BENGALURU DISTRICT.

4. SHANTHAMMA K,

D/O LATE KADRAIAH AGED ABOUT 42 YEARS, RESIDING AT NO.177/2 -2- 2ND CROSS, CHIKKADEVASANDRA, BENGALURU NORTH, KRISHNARAJAPURAM, BENGALURU - 560 036. …PETITIONERS (BY SRI. K. SRINIVASA GOWDA, ADVOCATE) AND:

1. THE COMMISSIONER KARNATAKA HOUSING BOARD, KAVERI BHAVAN,

2. THE SPECIAL LAND ACQUISITION OFFICER

KARNATAKA HOUSING BOARD, KAVERI BHAVAN, …RESPONDENTS (BY SRI. MANU K, ADVOCATE FOR R1 AND R2; SMT. SUKANYA H.D, ADVOCATE FOR R3 TO R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION BY THE PETITIONER DATED 4.1.2018 AT ANNEXURE-M AND PAY THE AMOUNT OF COMPENSATION AWARDED IN RESPECT OF HIS LAND BEARING SY.NO.37 MEASURING 1 ACRE 25 GUNTAS SITUATED DONENAHALLI VILLAGE, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK, BENGALURU DISTRICT AS PER THE AWARD NOTICE DATED 16.12.2015 ANNEXURE-K ISSUED TO THE PETITIONER BY THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, BANGALORE. -3- THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE R DEVDAS

ORAL ORDER

On 03.03.2025, the following order was passed: "Matter is called out. There is no representation for the petitioner. It is seen that by order dated 14.09.2022. I.A.No.1/2022 was allowed while permitting the legal representatives of the deceased petitioner to come on record. The directions were also issued to amend the cause title accordingly. The amendment has not been carried out. Amended cause title is also not furnished. Even on the previous occasion i.e., on 24.01.2025, there was no representation for the petitioner. Re-list this matter on 10.03.2025. If there is no representation of the petitioner on the next date of hearing, the writ petition will be dismissed." -4-

2. Matter is called out. There is no representation for the petitioners.

3. Accordingly, the writ petition stands dismissed. In view of the disposal of the main matter, all pending I.As are disposed of. SD/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 17 CT: BHK

Same Court & Year Karnataka · 2025 Same Parties Kadaraiah vs The Commissioner Same Judge R Devdas