Case Note & Summary
The petitioner, Sri. Karan Singh S. Rajpurohith, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus directing the respondents, including the City Municipal Council, Hosapete, the Deputy Commissioner of Ballari and Vijayanagar Districts, and the Tahsildar, to comply with an earlier order of this Court in W.P. No. 113542/2019 dated 04.10.2021 and award compensation as sought in his representation dated 01.11.2021. The petitioner's property was allegedly demolished by the municipal authorities without prior notice or opportunity of hearing. The earlier writ petition had resulted in an order directing the respondents to consider the petitioner's claim for compensation. Despite the order, the respondents failed to act, prompting the present petition. The Court, after hearing the parties, observed that the respondents are bound to comply with the earlier order. The Court directed the respondents to consider the petitioner's representation dated 01.11.2021 and pass appropriate orders within a period of six weeks from the date of receipt of a copy of the order, in accordance with law. The petition was disposed of with these directions.
Headnote
A) Constitutional Law - Writ of Mandamus - Compliance with Court Orders - The petitioner sought a writ of mandamus directing the respondents to comply with an earlier order of this Court in W.P. No. 113542/2019 dated 04.10.2021 and award compensation for demolition of his property without notice - The Court held that the respondents are bound to comply with the earlier order and directed them to consider the petitioner's representation and pass appropriate orders within a specified time frame (Paras 1-3).
Issue of Consideration
Whether the respondents can be directed to comply with an earlier order of this Court in W.P. No. 113542/2019 dated 04.10.2021 and award compensation to the petitioner for demolition of his property without notice.
Final Decision
The writ petition is disposed of directing the respondents to consider the petitioner's representation dated 01.11.2021 and pass appropriate orders within six weeks from the date of receipt of a copy of this order, in accordance with law.
Law Points
- Writ of mandamus
- compliance with court orders
- compensation for illegal demolition
- natural justice
- right to hearing before demolition
