Karnataka High Court
WP/203543/2023 of GOVINDRAJ Vs UNION OF INDIA AND ORS on 28 December 2023
2023:KHC-K:9391 WP No. 203543 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 28TH DAY OF DECEMBER, 2023 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 203543 OF 2023 (LA-RES) BETWEEN: SRI.GOVINDRAJ S/O BASAVARAJ @ BASSAPPA, AGE: 48 YEARS, OCC: GOVT.
Digitally signedby BNAGAVENILocation: HIGHCOURT OFKARNATAKA
NC: 2023:KHC-K:9390WP No. 203543 of 2023
IN THE HIGH COURT OF KARNATAKA, |KALABURAGI BENCH
DATED THILS THE 2[TH]DAY OF DECEMBER, 2023.BEFORETHE HON'BLE MR. JUSTICE E.S.INDIRESH|
mWRIT PETITION NO. 203543 OF 2023 (LARES)
BETWEEN:
SRI.GOVINDRAJ ~S/O BASAVARAJ @ BASSAPPA,AGE: 48 YEARS,OCC: GOVT. SERVANT,R/O: BASAVA NILAYA,NEAR LAXMI TEMPLE,RAICHUR ROAD, LINGASUGURU,TQ: LINGASUGUR, |DIST: RAICHUR-584 12772
_ PETITIONER
(BY SRI. ARUNKUMAR AMARGUNDAPPA, ADVOCATE)
AND*
1.UNION OF INDIA, |REPRESENTED BY ITS SECRETARY, MINISTRY OF ROAD TRANSPORT —AND HIGHWAYS, TRANSPORT BHAWAN, |1, PARLIAMENT STREET,NEW DELHI-110 OO1..
2DSPECIAL LAND ACQUISITION OFFICER,NATIONAL HIGHWAYSAUTHORITY OF INDIA, HOSPET, DIST. BELLARY-583 101.NATIONAL HIGHWAYSAUTHORITY OF INDIA, HOSPET, DIST. BELLARY-583 101.
3.THE DEPUTY COMMISSIONER,RAICHUR,DIST: RAICHUR-584 101.
- 2 -
4THE ASSISTANT COMMISSIONER,LINGASUGUR,LINGASUGUR, DIST: RAICHUR-584 101.
5.THE TAHASILDAR,|
LINGASUGUR,
DIST: RAICHUR-584 LOL.
6.)THE CHIEF EXECUTIVE OFFICER,NATIONAL HIGHWAYS,M.S. BUILDING, BENGALURU-O1..NATIONAL HIGHWAYS,M.S. BUILDING, BENGALURU-O1..
J.THE ASSISTANT EXECUTIVE ENGINEER,OFFICE OF PWD PORT ANDIN-LAND WATERWAY, OFFICE OF PWD PORT ANDIN-LAND WATERWAY, DEPARTMENT, SUB-DIVISION, |LINGASUGUR,DIST: RAICHUR-584 101.LINGASUGUR,DIST: RAICHUR-584 101.
8.)THE ASSISTANT EXECUTIVE ENGINEER,NATIONAL HIGHWAY,NATIONAL HIGHWAY, SUB-DIVISION, HUNAGUNDA, DIST: BAGALKOT-58/7 101.
. RESPONDENTS
(BY SRI. SUDHIRSINGH R. VIJAPUR, DSGI FOR R1; SMT. MAYA T.R., HCGP FOR R3 TO R5;SRI. SANTOSHKUMAR MARADI,ADVOCATE FOR R2 & R6 TO R8)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 27/7OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE)RESPONDENTS AUTHORITIES NOT TO TAKE ANY ACTION IN|RESPECT OF PETITIONER'S HOUSE PROPERTY BEARING MUNICIPAL|NO.23-9-40 (NEW), MEASURING 35 X 40 FEET, SITUATED AT WARD|NO.18, BELLARI BYPASS ROAD OF LINGASUGUR CITY DISTRICT|RAICHUR, WITHOUT FOLLOWING DUE PROCESS OF LAW AND ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE.COURT MADE THE FOLLOWING:
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ORDER
Sri.Sudhirsingn R. Vijapur, learned Deputy Solicitor|General of India accepts notice for respondent No.1.
2. Smt.Maya T.R., learned High Court GovernmentPleader accepts notice for respondent Nos.3 to 5.
3. Sri. Santosnkumar Maradi, learned counselaccepts notice for respondent Nos.2 and 6 to 8.
4. In this writ petition, grievance of the petitioner isthat the respondent authorities are intending to interferewith the residential premises belonging to the petitionerwithout issuing notification for acquisition proceedings asrequired under law.
5. In that view of the matter, taking intoconsideration the constitutional rights guaranteed underArticle 300-A of the Constitution of India, I feel that therespondents shall not interfere with the subject propertybelonging to the petitioner without due process of law. In the event, the respondent authorities sought to acquirethe property belonging to the petitioner, the same Nas to be done by following the statutory provisions.
With this observation, the writ petition isdisposedof NB/SRT|Ct: MBK.List No.: 1 S| No.: 2
Sd/-|JUDGE|