RAMU S/O BHAVANAPPA AND ORS vs. THE REGIONAL COMMISSIONER AND ORS

W.P.Nos.206792 & 206918-921/2015 1 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 5TH DAY OF JANUARY, 2016 BEFORE THE HON'BLE MR.JUSTICE RAM MOHAN REDDY WRIT PETITION NOs.206792 & 206918-921/2015 (LA-RES) BETWEEN: 1. Ramu S/o Bhavanappa Age: 65 years, Occ: Agriculture, R/o Udachan, Tq. Afzalpur, Dist: Kalaburagi. 2. Shankargouda S/o Sangappa Patil Age: 56 years, Occ: Agriculture, R/o Udachan, Tq. Afzalpur, Dist: Kalaburagi. 3. Ningappa S/o Mallappa Age: 85 years, Occ: Agriculture, R/o Udachan, Tq. Afzalpur, Dist: Kalaburagi. 4. Annapurna W/o Sangappa Hanchinal, Age: 38 years, Occ: House hold, R/o Udachan, Tq. Afzalpur,

W.P.Nos.206792 & 206918-921/2015 2 Dist: Kalaburagi. 5. Kallappa S/o Bhagappa Metre Age: 45 years, Occ: Agriculture, R/o Udachan, Tq. Afzalpur, Dist: Kalaburagi. ... Petitioners (By Sri Deepak V. Barad, Advocate for Sri Chaitanyakumar Chandriki, Advocate) AND: 1. The Regional Commissioner Mini Vidhan Soudha, Kalaburagi – 585 102. 2. The Deputy Commissioner Kalaburagi Distirct, Kalaburagi - 585 102. 3. The Special Land Acquisition Officer, Mini Vidhana Soudha, Kalaburagi – 585 102. ... Respondents (By Smt. Archana P. Tiwari, AGA) These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India, praying to issue a writ in the nature of mandamus thereby directing the 3rd respondent to transfer the deducted 10% amount to the Court in the account of the petitioners to enable the petitioners to withdraw the same amount from the Court.

W.P.Nos.206792 & 206918-921/2015 3 These petitions coming on for Preliminary Hearing this day, the Court made the following: ORDER Reserving liberty to the petitioners to approach the income tax authorities along with an application and material to establish that deduction of 20% from out of the award amount, towards income tax is impermissible, which if done, there is no reason to believe the authority would not consider the same and pass orders in accordance with law, this petition for a direction to the third respondent - SLAO to transfer the amount of 20% deducted, to the land acquisition court and permit petitioners to withdraw the same does not arise. Petitions rejected. Sd/- JUDGE sdu