BASAPPA v. THE MANAGING DIRECTOR KBJNL AND ORS
Court: High Court of Karnataka
Bench: S.R.KRISHNA KUMAR
Judgment date:
Case summary
High Court of Karnataka judgment dated 2024-12-18. BASAPPA v. THE MANAGING DIRECTOR KBJNL AND ORS. Read the judgment and case details on LawSphereX.
Judgment text
- 1 - WP No. 203741 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH TH DATED THIS THE 18 DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR. JUSTICE S. R. KRISHNA KUMAR WRIT PETITION NO. 203741 OF 2024 (LA-RES) BETWEEN: BASAPPA S/O BASAPPA AGE 61 YEARS, OCC. AGRICULTURE, R/O VILLAGE KARADIGUDDA TQ. DEVADURGA, DIST. RAICHUR - 584111 …PETITIONER (BY SRI. NANDKISHORE BOOB, AND SRI. IBRAHIM KHATIB, ADVOCATES) AND: 1. THE MANAGING DIRECTOR KBJNL ST PWD OFFICE, 31 FLOOR K. R. CIRCLE, BANGALORE – 560 001. 2. THE CHIEF ENGINEER KBJNL CANAL REGION NO. 1, BHEEMARAYAN GUDI TQ SHAHAPUR, DIST. KALABURAGI-585 287. 3. THE EXECUTIVE ENGINEER KBJNL, NRCB, SUB-DIVISION- 4 CHIKKA HONNAKUNI CAMP, BHEEMARAYAN GUDI, TQ SHAHAPUR DIST YADGIRI-585 287. 4. THE ASSISTANT EXECUTIVE ENGINEER NRBC SUB-DIVISION-4, CHIKKA HONNAKUNI CAMP, BHEEMARAYAN GUDI TQ SHAHAPUR, DIST YADGIRI – 585 287. - 2 - WP No. 203741 of 2024 5. THE DEPUTY COMMISSIONER, RAICHUR DISTRICT RAICHUR – 584101. 6.
THE ASSISTANT EXECUTIVE ENGINEER MINOR IRRIGATION AND GROUND WATER DEVELOPMENT DEPARTMENT, SUB-DIVISION RAICHUR, RAICHUR-584 101. 7. THE CHIEF ENGINEER MINOR IRRIGATION AND GROUND WATER DEVELOPMENT DEPARTMENT, NORTH ZON, VIJAYAPUR – 586 101. 8. THE PRINCIPAL SECRETARY, MINOR IRRIGATION AND GROUND WATER DEVELOPMENT DEPARTMENT, VIKAS SOUDHA, BENGALURU-560 001. …RESPONDENTS (BY SRI. KRUPA SAGAR PATIL, ADVOCATE FOR R-1 TO R-3; SMT. MAYA. T. R, HCGP FOR R-4 TO R-8) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS AND DIRECT THE RESPONDENTS TO COMPLETE THE WORK OF LATERALS CONNECTING THE FEEDER CHANNELS LEADING TO RAMDUG RESERVOIR, LAND SY. NO. 20, MEASURING 02 ACRES 00 GUNTAS SITUATED AT VILLAGE KARADIGUDDA TQ DEVARDURG DIST RAICHUR BELONGING TO THE PETITIONER AND OTHER VILLAGERS AS PER ANNEXURE-B AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR.
JUSTICE S. R. KRISHNA KUMAR - 3 - WP No. 203741 of 2024 ORAL ORDER (PER: HON'BLE MR. JUSTICE S. R. KRISHNA KUMAR) In this petition, petitioner seeks the following reliefs: “(i) To issue writ of mandamus and direct the respondents to complete the work of Laterals connecting the Feeder Channels leading to Ramdug Reservoir, land Sy. No. 20, measuring 02 acres 00 guntas situated at Village: Karadigudda, Tq: Devadurg Dist. Raichur belonging to the petitioner and other villages as per Annexure-B. (ii) To issue of writ of mandamus and directing to consider representation of petitioner as per Annexure D to E, to pay the compensation of Rs. 1,00,000/- per year for a period of 15 years for loss of crop and livelihood. (iii) Pass such other order and grant such reliefs as this Hon’ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity. ” 2.
Heard learned counsel for the petitioner and learned HCGP and learned counsel for the respondents and perused the material on record. 3. It is the grievance of the petitioner that his representation at Annexure – D dated 11. 11. 2023 submitted to the respondents has not been considered so far by them nor any order - 4 - WP No. 203741 of 2024 has been passed on the same. Under these circumstances, the petitioner is before this Court by way of the present petition. 4. Per contra, learned HCGP for respondents submits that if reasonable time is given, they would consider and pass necessary order on the said representation. 5. In view of the aforesaid facts and circumstances and rival submissions, respondent Nos. 6 to 8 are hereby directed to address the grievance of the petitioner and consider his representation at Annexure – D dated 11. 11.
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 SV List No. : 1 Sl No. : 22
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