Marevva and Ors vs the State of Karnataka and Ors - Court Judgment

SooperKanoon Citationsooperkanoon.com/1853673
CourtKarnataka Orders High Court
Decided OnDec-20-2024
Case NumberWP/203893/2024
JudgeS.R.Krishna Kumar
AppellantMarevva and Ors
RespondentThe State of Karnataka and Ors
Excerpt:
-1- in the high court of karnataka, kalaburagi bench dated this the 20th day of december, 2024 before the hon'ble mr. justice s.r.krishna kumar writ petition no. 203893 of 2024 (la-res) between:1. marevva w/o. puthraj age 65 years, occ: agriculture,2. siddammad/o. mareppa, age 45 years, digitally signed 3. basappa s/o. bhimappa, by sumitra sherigar age 45 years, location: high court of r/o. tumkur, tq wadagera, karnataka dist yadgir-585 202.4. ningappa s/o. bhimappa, age 42 years,5. gouramma w/o. sakrappa, age 65 years, occ agriculture, -2-6. siddappa s/o. sakrappa, age: 45 years, occ : agriculture,7. timmappa s/o. sakrappa, age 43 years, occ: agriculture, …petitioners (by sri. ananth s jahagirdar,advocate) and:1. the state of karnataka department of revenue, represented by secretary, vikas soudha bengaluru-560 001.2. the special deputy commissioner of land acquisition rehabilitation and re-settlement, office of krishna, upper project nava-nagar bagalkot, dist bagalkot-587 103.3. the special land acquisition officer u.k.p. bheemarayanagudi, tq. shahapur, dist yadgir-585 287.4. the deputy commissioner5. the assistant commissioner6. the tahasildar shahapur, tq shahpur, dist yadgir-585 223. …respondents (by smt. maya.t.r, hcgp) -3- this writ petition is filed under articles 226 and227 of the constitution of india praying to issue a writ in the nature of mandamus directing the respondent no.2 to 6 to consider the representation dated 01.07.2023 submitted by the petitioners the copy of which as per annexure-d, d1, d2 and d3 in the interest of justice. this petition, coming on for final hearing, this day,order was made therein as under:coram: hon'ble mr. justice s.r.krishna kumaroral order(per: hon'ble mr. justice s.r.krishna kumar) in this petition, the petitioners seek the following reliefs: “i) issue a writ in the nature of mandamus directing the respondent no.2 to 6 to consider the representation dated: 01.07.2023 submitted by the petitioners the copy of which as per annexure-d, d1, d2 and d3, in the interest of justice. ii. issue any other suitable writ order or direction as this hon’ble court deems fit under the facts and circumstances case, in the interest of justice and equity.”2. heard learned counsel for the petitioners and learned hcgp for the respondents and perused the material on record.3. it is the grievance of the petitioners that theirrepresentations at annexures-d, d1, d2 and d3, respectively, all -4- dated 01.07.2023, 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 petitioners are before this court by way of the present petition.4. per contra, learned hcgp for the respondents submits that if reasonable time is given, they would consider and pass necessary order on the said representations.5. in view of the aforesaid facts and circumstances andrival submissions, the respondents are hereby directed to address the grievances of the petitioners and consider their representations at annexures-d, d1, d2 and d3, respectively, all dated 01.07.2023 and pass appropriate order / take 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 bmc list no.: 1 sl no.: 11
Judgment:

-1- IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 20TH DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 203893 OF 2024 (LA-RES) BETWEEN:

1. MAREVVA W/O. PUTHRAJ AGE 65 YEARS, OCC: AGRICULTURE,

2. SIDDAMMA

D/O. MAREPPA, AGE 45 YEARS, Digitally signed 3. BASAPPA S/O. BHIMAPPA, by SUMITRA SHERIGAR AGE 45 YEARS, Location: HIGH COURT OF R/O. TUMKUR, TQ WADAGERA, KARNATAKA DIST YADGIR-585 202.

4. NINGAPPA S/O. BHIMAPPA, AGE 42 YEARS,

5. GOURAMMA W/O. SAKRAPPA, AGE 65 YEARS, OCC AGRICULTURE, -2-

6. SIDDAPPA S/O. SAKRAPPA, AGE: 45 YEARS, OCC : AGRICULTURE,

7. TIMMAPPA S/O. SAKRAPPA, AGE 43 YEARS, OCC: AGRICULTURE, …PETITIONERS (BY SRI. ANANTH S JAHAGIRDAR,ADVOCATE) AND:

1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, REPRESENTED BY SECRETARY, VIKAS SOUDHA BENGALURU-560 001.

2. THE SPECIAL DEPUTY COMMISSIONER OF LAND ACQUISITION REHABILITATION AND RE-SETTLEMENT, OFFICE OF KRISHNA, UPPER PROJECT NAVA-NAGAR BAGALKOT, DIST BAGALKOT-587 103.

3. THE SPECIAL LAND ACQUISITION OFFICER U.K.P. BHEEMARAYANAGUDI, TQ. SHAHAPUR, DIST YADGIR-585 287.

4. THE DEPUTY COMMISSIONER

5. THE ASSISTANT COMMISSIONER

6. THE TAHASILDAR SHAHAPUR, TQ SHAHPUR, DIST YADGIR-585 223. …RESPONDENTS (BY SMT. MAYA.T.R, HCGP) -3- THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO 6 TO CONSIDER THE REPRESENTATION DATED 01.07.2023 SUBMITTED BY THE PETITIONERS THE COPY OF WHICH AS PER ANNEXURE-D, D1, D2 AND D3 IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR FINAL 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, the petitioners seek the following reliefs: “i) Issue a writ in the nature of Mandamus directing the Respondent No.2 to 6 to consider the representation dated: 01.07.2023 submitted by the petitioners the copy of which as per Annexure-D, D1, D2 and D3, in the interest of justice. ii. Issue any other suitable writ order or direction as this Hon’ble Court deems fit under the facts and circumstances case, in the interest of justice and equity.”

2. Heard learned counsel for the petitioners and learned HCGP for the respondents and perused the material on record.

3. It is the grievance of the petitioners that their

representations at Annexures-D, D1, D2 and D3, respectively, all -4- dated 01.07.2023, 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 petitioners are before this Court by way of the present petition.

4. Per contra, learned HCGP for the respondents submits that if reasonable time is given, they would consider and pass necessary order on the said representations.

5. In view of the aforesaid facts and circumstances and

rival submissions, the respondents are hereby directed to address the grievances of the petitioners and consider their representations at Annexures-D, D1, D2 and D3, respectively, all dated 01.07.2023 and pass appropriate order / take 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 BMC List No.: 1 Sl No.: 11