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IN THE HIGH COURT OF CIRCUIT BENCH AT GULBARGA

DATED THIS THE 23 RD DAY OF AUGUST 2012

BEFORE

THE HON’BLE MR.JUSTICE H.N.NAGAMOHAN DAS

W.P.No.83900/2012(LA-RES)

BETWEEN:

RAMU @ RAMCHANDRA GOPAL KAKHANDAKI SINCE DECEASED BY HER LRs.

1A. SRI SHIVAJI S/O RAMU @ RAMCHANDRA KAKHANDAKI AGE: 62 YEARS, OCC: AGRICULTURE R/O , TQ. & DIST. BIJAPUR – 586 101

1B. TUKARAM S/O RAMU @ RAMACHANDRA KAKHANDAKI AGE: 60 YEARS, OCC: AGRICULTURE R/O BIJAPUR, TQ. & DIST. BIJAPUR – 586 101

1C. RAVI S/O BABU KAKHANDAKI AGE: 35 YEARS, OCC: AGRICULTURE R/O VIDYA NAGAR, – 586 101

1D. PARASAPPA S/O BABU KAKHANDAKI AGE: 32 YEARS, OCC: AGRICULTURE R/O VIDYA NAGAR, BAGALKOT – 586 101

1E. SMT. ANUSUYABAI W/O KRISHNAJI INGALE AGE: 68 YEARS, OCC: HOUSEHOLD WORK R/O NOBAGA, BIJAPUR – 586 101

1F. SMT. DROPADIBAI W/O MARUTI JADHAV AGE: 66 YEARS, OCC: HOUSEHOLD WORK R/O NOBAGA, BIJAPUR – 586 101 2

1G. SMT. AMBAWWA W/O VITHOBA CHAVAN AGE: 58 YEARS, OCC: HOUSEHOLD WORK R/O KALADGI, BAGALKOT – 587 101

... PETITIONERS

(BY SRI SHIVASHANKAR H. MANUR, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, M.S.BUILDING BANGALORE – 560 001

2. THE SPECIAL LAND ACQUISITION OFFICER & THE ASSISTANT COMMISSIONER BIJAPUR – 586 101

3. THE COMMISSIONER B.D.A., BIJAPUR – 586 101

... RESPONDENTS

(BY SRI SHIVAKUMAR R. TENGLI, AGA FOR R1 & R2, SRI S.S.HALALLI, ADVOCATE FOR R3)

THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF , PRAYING TO ISSUE A WRIT IN NATURE OF MANDAMUS OR ANY OTHER SUITABLE WRIT, DIRECTING THE RESPONDENT NO.2 TO CONSIDER THE APPLICATION FILED U/S. 28-A OF THE LAND ACQUISITION ACT, PRODUCED VIDE ANNEXURE-A FOR RE-DETERMINATION OF THE COMPENSATION PAYABLE U/S. 28-A OF THE LAND ACQUISITION ACT, IN ACCORDANCE WITH LAW AND ON ITS MERITS AND ETC. 3

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

Sri Shivakumar R. Tengli, learned Additional

Government Advocate is directed to take notice for respondent Nos.1 and 2. Sri S.S.Halalli, learned standing counsel is directed to take notice for respondent No.3.

2. In this writ petition, petitioners have prayed for writ of mandamus directing the second respondent to consider the application filed under Section 28-A of the

Land Acquisition Act Annexure-A. It is seen from the record that as early on 10.05.2007, petitioner has filed the application Annexure-A before the second respondent. It is obligatory on the part of the second respondent to pass orders in accordance with law on the application of the petitioner. Even after lapse of 4

nearly five years, second respondent has not passed any orders. Therefore, petitioner is before this Court.

3. No prejudice will be caused to the second respondent, if he is directed to pass orders on the application - Annexure-A, in accordance with law and as expeditiously as possible and in any event not later than four weeks from the date of receipt of copy of this order.

Three weeks time is granted to file memo of appearance.

Sd/- JUDGE

NB*