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Gundappa vs the Union of India and Ors

Gundappa vs The Union of India and Ors

Type Court Judgment Court Karnataka Orders Decided Dec 18, 2024
~3 min read
https://sooperkanoon.com/case/1853490

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Citation
Court
Karnataka Orders High Court
Judge
Decided On
Case Number
WP/203707/2024

Parties & Advocates

Appellant / Petitioner

Gundappa

Respondent

The Union of India and Ors

Excerpt

.....- e & f for depositing the up to date interest on award amount to the petitioner in the interest of justice and equity. c) pass any other order, which the hon’ble court deems fit in the interest of justice and equity.” -3-2. heard learned counsel for the petitioner, learned dsgi for respondent no.1 and learned hcgp for respondent nos.2 and 3 and perused the material on record.3. it is the grievance of the petitioner that his12.09.2024, respectively, submitted to the respondents have not been considered so far by them nor any order has been passed on the same. under these circumstances, the petitioner is before this court by way of the present petition.4. per contra, learned dsgi for respondent no.1 and hcgp for respondent nos.2 and 3 submits that if reasonable time is given, they would consider and pass necessary order on the said representation.5. in view of the aforesaid facts and circumstances andrival submissions, the respondent no.3 is hereby directed to address the grievance of the petitioner and consider his 12.09.2024, respectively and pass appropriate order / take -4- appropriate decision in accordance with law, within a period of two months from the date of receipt of a copy of this order.6. with the aforesaid directions, the petition stands disposed of. sd/- (s.r.krishna kumar) judge sv list no.: 1 sl no.: 12

Full Judgment

-1- IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 18TH DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.203707 OF 2024 (LA-RES) BETWEEN: GUNDAPPA S/O BASAWANNAPPA MALIPATIL, AGE 40 YEARS, OCC HOUSEHOLD, R/O SHAIK ROZA VILLAGE, KALABURAGI DIST-585 101. …PETITIONER (BY SRI. SANJAY KULKARNI, ADVOCATE) AND:

1. THE UNION OF INDIA THROUGH DEPUTY CHIEF ENGINEER CONSTRUCTION, SOUTH CENTRALA RAILWAYS, SECUNDRABAD, ANDRA PRADESH, REP BY ASSISTANT EXECUTIVE ENGINEER,

Digitally CONSTRUCTION, SOUTH CENTRAL RAILWAYS, signed by LUCYGRACE KALABURAGI-585 105. Location: HIGH COURT OF KARNATAKA 2. THE STATE OF KARNATAKA REP BY THE DEPUTY COMMISSIONER KALBURGI, OFFICE AT MINI VIDHAN SOUDHA, KALBURAGI-585 103.

3. THE ASSISTANT COMMISSIONER AND SLAO KALABURAGI, MINI VIDHAN SOUDHA, KALABURAGI-585 103. …RESPONDENTS (BY SRI. SUDHIRSINGH VIJAYPUR, DSIG FOR R-1 SMT. MAYA.T.R, HCGP FOR R-2 & R-3) -2- THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND ISSUE A WRIT OF MANDAMUS OR ANY APPROPRIATE BY DIRECTING THE RESPONDENTS

AUTHORITIES TO CONSIDER THE PETITIONERS REPRESENTATION DATED 18.07.2024 AND 12.09.2024 i.e., ANNEXURE-E AND F FOR DEPOSITING THE UP TO DATE INTEREST ON AWARD AMOUNT TO THE PETITIONER IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

(PER: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR) In this petition, petitioner seeks the following reliefs: “a) Call for records. b) Issue a writ of mandamus or any appropriate by directing the respondents authorities to consider the petitioner’s representations dated 18.07.2024 and 12.09.2024 i.e., Annexure - E & F for depositing the up to date interest on award amount to the petitioner in the interest of justice and equity. c) Pass any other order, which the Hon’ble Court deems fit in the interest of justice and equity.” -3-

2. Heard learned counsel for the petitioner, learned DSGI for respondent No.1 and learned HCGP for respondent Nos.2 and 3 and perused the material on record.

3. It is the grievance of the petitioner that his

12.09.2024, respectively, submitted to the respondents have not been considered so far by them nor any order has been passed on the same. Under these circumstances, the petitioner is before this Court by way of the present petition.

4. Per contra, learned DSGI for respondent No.1 and HCGP for respondent Nos.2 and 3 submits that if reasonable time is given, they would consider and pass necessary order on the said representation.

5. In view of the aforesaid facts and circumstances and

rival submissions, the respondent No.3 is hereby directed to address the grievance of the petitioner and consider his 12.09.2024, respectively and pass appropriate order / take -4- appropriate decision in accordance with law, within a period of two months from the date of receipt of a copy of this order.

6. With the aforesaid directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 12

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