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    Bhojappa vs Deputy Commissioner and Others.

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    indhumathi.ghj

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    Bhojappa vs Deputy Commissioner and Others.

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    indhumathi.ghj
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    Bhojappa vs Deputy Commissioner and Others.

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    indhumathi.ghj

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    © All Rights Reserved
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    of 5

    -1-

    NC: 2023:KHC-K:9233
    WP No. 200197 of 2023

    IN THE HIGH COURT OF KARNATAKA


    KALABURAGI BENCH

    DATED THIS THE 14TH DAY OF DECEMBER, 2023

    BEFORE

    THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

    WRIT PETITION NO. 200197 OF 2023 (LA-RES)

    BETWEEN:

    BHOJAPPA S/O SABANNA MALAG,


    AGE 62 YEARS,
    (SENIOR CITIZEN BENEFIT NOT CLAIMED)
    OCC : RETIRED, R/O: SIRSI (A),
    TQ AND DIST. BIDAR-585226.

    …PETITIONER

    (BY SRIYUTHS PREETAM DEULGAONKAR AND


    SHIVAPUTRA S. UDBALKAR, ADVOCATES)

    AND:

    1. DEPUTY COMMISSIONER,
    BIDAR DISTINCT, D C. OFFICE,
    BIDAR-585401.

    2. ASSISTANT COMMISSIONER
    AND LAND ACQUISITION OFFICER,
    BIDAR-585401.
    …RESPONDENTS
    (BY SRI. G. B. YADAV - HCGP)

    THIS WRIT PETITION IS FILED UNDER ARTICLES 226


    AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
    1) KINDLY ISSUE WRIT OF MANDAMUS AND DIRECT THE
    RESPONDENTS TO CONSIDER THE REPRESENTATIONS OF THE
    PETITIONER DATED 11-04-2016 AND AGAIN ON 03-09-2016,
    WHICH ARE PRODUCED HEREWITH AS ANNEXURE-F AND
    -2-
    NC: 2023:KHC-K:9233
    WP No. 200197 of 2023

    ANNEXURE-G, RESPECTIVELY; 2) KINDLY ISSUE ANY WRIT OR


    ORDER OR DIRECTIONS TO THE RESPONDENTS TO PROPERLY
    DETERMINE THE COMPENSATION AWARD WITH PROPER
    DETERMINATION OF THE LAND VALUE AND OTHER FACTORS
    TAKEN INTO CONSIDERATION TO GET THE CORRECT VALUE OF
    THE LANDS ACQUIRED FROM THE PETITIONER. 3) KINDLY
    ISSUE ANY WRIT OR ORDER OF DIRECTIONS TO THE
    RESPONDENTS, IN CONSIDERATION OF THE PRESENT FACTS
    AND CIRCUMSTANCES.

    THIS PETITION COMING ON FOR PRELIMINARY HEARING,


    THIS DAY THE COURT MADE THE FOLLOWING:

    ORDER

    Heard learned counsel for petitioner and learned High

    Court Government Pleader for respondents/State.

    2. This petition is filed by the petitioner seeking a

    writ of mandamus and for a direction to the respondents

    to consider the representations of the petitioner dated

    11.04.2016 and 03.09.2016 which are produced at

    Annexures-F and G.

    3. The petitioner is the land-loser by virtue of a

    notification under Sections 4(1) and 6(1) of the Land

    Acquisition Act. 1984. The respondents have acquired the

    land of petitioner for formation of road from Bagdal to

    Ramtirth Wadi via Bairnalli, Bidar. The respondents passed


    -3-
    NC: 2023:KHC-K:9233
    WP No. 200197 of 2023

    a preliminary award of compensation dated 24.07.2015

    under the Right to Fair Compensation and Transparency in

    Land Acquisition Rehabilitation and Resettlement Act, 2013

    (for short, 'the Act of 2013'). Preliminary Award came to

    be passed on 18.08.2015 with regard to the land of

    petitioner measuring 07 acres 02 guntas situated at Sirsi

    Village, Taluk and District Bidar. The total extent of land

    acquired to that of the petitioner to an extent of one acre.

    4. It is the grievance of the petitioner that award

    has not been determined and no suitable compensation

    has been paid, for which the petitioner given a

    representation on 11.04.2016 and again on 03.09.2016 to

    the respondents-authorities to reconsider and pass

    suitable compensation in accordance with law and rectify

    the errors. This representation has not been considered

    and no action has been taken by the respondents for

    making a reference for adjudication of the matter in

    accordance with law. Hence, petitioner is before this Court.


    -4-
    NC: 2023:KHC-K:9233
    WP No. 200197 of 2023

    5. Learned High Court Government Pleader

    representing the respondents/State contends that the

    petitioner has not approached the authority within the

    time prescribed under the Act of 2013. Therefore, this

    petition is not maintainable and is liable to be dismissed.

    6. I have perused the petition papers and the

    provisions of Section 64 of the Act of 2013. No doubt, 30

    days is provided for making a reference to the appropriate

    authority as per Section 64(1) of proviso, but as per

    Section 64(2) of proviso, there is no bar for the petitioner

    to make an application after a period of thirty days and if

    such an application is made before the authority, it could

    be considered under Section 64(2) of proviso (1) and (2)

    of the Act of 2013.

    7. The present petition is filed only to consider the

    representation made by the petitioner. Admittedly the

    petitioner is the land loser and land of the petitioner has

    been acquired which is not dispute. Under the

    circumstances, the authorities are duty bound to consider


    -5-
    NC: 2023:KHC-K:9233
    WP No. 200197 of 2023

    the representation and pass suitable orders. Accordingly, I

    pass the following :

    ORDER

    (i) The petition is allowed.

    (ii) Writ of mandamus is issued to respondents

    to consider the representations of petitioner

    dated 11.04.2016 and 03.09.2016 and pass

    suitable orders in accordance with law

    within a period of six weeks from the date

    of receipt of certified copy of this order.

    Sd/-
    JUDGE

    SN
    List No.: 1 Sl No.: 2

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