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2025 Supreme(Online)(KAR) 11385

KARNATAKA HIGH COURT
LAKSHMEGOWDA – Appellant
Versus
STATE OF KARNATAKA – Respondent
WP 4160 / 2025



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 4160 OF 2025 (KLR-RES)

BETWEEN:

1. LAKSHMEGOWDA S/O LATE SIDDEGOWDA AGED ABOUT 71 YEARS, R/O DASARAHALLI VILLAGE, LAKYA HOBLI, CHIKKAMAGALURU TALUK AND DISTRICT -577101

2. SIDDEGOWDA, S/O LATE MARIGOWDA AGED ABOUT 76 YEARS, R/O DASARAHALLI VILLAGE, LAKYA HOBLI, CHIKKAMGALURU TALUK AND DISTRICT -577101 SENIOR CITIZEN BENEFIT NOT CLAIMED Digitally signed by …PETITIONERS KIRAN KUMAR R Location:

(BY SRI. GIRISH B BALADARE., ADVOCATE)

HIGH COURT OF KARNATAKA AND:

1. STATE OF KARNATAKA DEPARTMENT OF PANCHAYAT VIKAS SOUDHA DR AMBEDKAR VEDHI BANGALORE -560001 REPRESENTED BY SECRETARY TO GOVERNMENT

2. TAHASILDAR CHIKKAMAGALURU TALUK CHIKKAMAGALURU CHIKKAMAGALURU DIST- 577101 3. ASSISTANT COMMISSIONER CHIKKAMAGALURU SUB DIVISION CHIKKAMAGALURU CHIKKAMAGALURU DIST- 577101

4. DEPUTY COMMISIONER CHIKKAMAGALURU CHIKKAMAGALURU DIST- 577101

5. ASSISTANT EXCUTION ENGINEER MINOR IRRIGATION AND GROUND WATER DEVELOPMENT SUB-DIVISION CHIKKAMAGALURU DIST- 577101 …RESPONDENTS (BY SRI. K.MANJUNATH., HCGP)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION TO CONSIDER THE REPRESENTATION DATED 20-01-2025 GIVEN BY THE PETITIONERS TO THE RESPONDENT NO.3 AND 4 THAT IS ASSISTANT COMMISSIONER AND DEPUTY COMMISSIONER, CHIKKAMAGALURU DISTRICT CHIKKAMAGALURU AS PER ANNEXURE-W AND W1 AND PASS APPROPRIATE ORDERS THEREON.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA

ORAL ORDER

1. The prayer in this writ petition is to direct respondent Nos.3 and 4 to consider the representation dated 20.01.2025 by which the petitioners are seeking for grant of an alternative land as their lands were submerged for the formation of a feeder channel.

2. Since, it is the case of the petitioners that they have lost their lands for a public purpose and they are required to be compensated by means of an alternative land, it would be appropriate to direct respondent Nos.3 and 4 to consider the request of the petitioners and pass an appropriate order in accordance with law within a period of three months from the date of receipt of a copy of this order.

3. Respondent Nos.3 and 4 shall also take into consideration the assertion of the petitioners that they have not even been paid compensation for the loss of their land for the formation of a feeder channel while considering the said representation.

4. This petition is accordingly disposed of

5. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of.

Sd/-

(N S SANJAY GOWDA)

JUDGE GSR List No.: 1 Sl No.: 12

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