GARUDAIAH Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) The short grievance of the Petitioners is as to non- consideration of their Representation dtd. 10/9/2018 (Annexure-N) wherein they have sought for some relief in respect of their land being acquired.

(2.) Learned Sr. Panel Counsel appearing for the KIDAB opposes the Writ Petition contending that the Petitioners had suffered certain adverse finding vide Civil suit in O.S.No.399/2009 disposed off on 21/11/2014 (Annexure-L); subsequently they had preferred an appeal in RA No.36/2015 wherein they have withdrawn the suit itself with liberty to make representation of the kind. He adds that, in the absence of a right to have their representation considered, Writ Court should not interfere. so contending, he seeks dismissal of the petition.

(3.) Having heard the learned counsel for the parties and having perused the petition papers, this Court is inclined to grant a limited indulgence in the matter inasmuch as, where a representation is made by a citizen airing his grievance in writing, its incumbent of the statutory authorities like the KIADB herein to consider and inform result of such consideration to the citizen consistent with the inner voice of Article 350 of the Constitution of India, as has been observed by this Court in a catena of decisions. In view of the above, the Writ Petition is disposed off directing the Respondent - KIADB to consider Petitioners' Representation in accordance with law and inform them of the result of such consideration within a period three months, All contentions are kept open. It is open to the Respondent - KIADB to solicit any information/ documents from the side of the Petitioners for due consideration of their subject Representation; however, in the guise of such solicitation, no delay shall be brooked. No costs.