Full Judgment
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 15905 OF 2024 (LA-RES) BETWEEN:
1. PRAKASHA, SON OF LATE SANNEGOWDA, AGED ABOUT 46 YEARS,
2. CHANDREGWODA, SON OF LATE NINGEGOWDA, AGED ABOUT 62 YEARS,
3. KRISHNEGOWDA, SON OF LATE SANNEGOWDA, AGED ABOUT 52 YEARS, ALL ARE THE RESIDENTS OF VADAKESHETTAHALLY VILLAGE, VITALAPURA POST, BUKANAKERE HOBALI,
Digitally signed by KRISHNARAJAPETE TALUK, MANDYA DISTRICT. SHARMA ANAND CHAYA …PETITIONERS Location: High Court of Karnataka (BY SRI. DHANANJAYA V.S, ADVOCATE) AND:
1. THE ASSISTANT EXECUTIVE ENGINEER, NO.23, H.L.B.C, BUKANAKERE, KRISHNARAJAPETE TALUK, -2-
2. THE EXECUTIVE ENGINEER, NO. 03, DIVISION, H.L.B.C, KRISHNRAJAPETE TOWN AND TALUK,
3. THE MANAGING DIRECTOR, ANANDARAO CIRCLE, BANGALORE CITY, BANGALURU - 560 001.
4. THE SPECIAL LAND ACQUISITION OFFICER, H.L.B.C, MANDYA DISTRICT, DEPUTY COMMISSIONER OFFICE, MANDYA DISTRICT - 571 401.
5. DEPUTY COMMISSIONER, MANDYA DISTRICT, MANDYA - 571 401.
6. THE TAHASILDAR, KRISHNARAJAPETE TALUK,
7. THE ASSISTANT COMMISSIONER, PANDAVAPURA SUB DIVISION, PANDAVAUPRA, MANDYA DISTRICT - 571 426.
8. DEPUTY DIRECTOR OF LAND RECORDS, MANDYA DISTRICT, MANDYA - 571 426.
9. ADDITIONAL DIRECTOR OF LAND RECORDS,
KRISHNARAJAPETE TALUK - 571 426. …RESPONDENTS (BY SRI. K.S. BHEEMAIAH, ADVOCATE FOR R1 TO R3; SRI. MANJUNATH K, HCGP FOR R4 TO R9) -3- THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO 1) ISSUE A WRIT OF MANDAMUS OR SIMILAR WRIT OR ORDERS OR ANY DIRECTIONS TO THE RESPONDENTS NO, 5 TO 9 JOINTLY LIABLE TO COMPLETE THE DURASTHI WORKS OF THE LANDS AND RECTIFICATIONS OF THE REVENUE RECORDS OF THE PETITIONERS AND THEN MAKE THE FURTHER DIRECTIONS TO RESPONDENTS NO.1 TO 4 MAKE THE PAYMENTS TO THE PETITIONERS AFTER THE FULL PREPARATIONS OF THE ENTIRE REVENUE RECORDS FOR THE PAYMENT OF THE COMPENSATION AMOUNT TO THE PETITIONERS AS PER THE EARLIER DECISION ON DATED 10-03-2023 AS PER THE ANNEXURES-B AND ETC., THIS PETITION, COMING ON FOR PREIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE E.S.INDIRESH
ORAL ORDER
In this writ petition, the petitioners have sought for direction to the respondent-authorities to consider the grievance of the petitioners as per Annexure-B series.
2. It is the case of the petitioners that, the land
belonging to the petitioners have been acquired by the respondent-authorities for the purpose of construction of -4- Hemavathy Canal and in this regard, learned counsel appearing for the petitioners has invited the attention of this Court to the Resolution dated 03.03.2020 at Annexure-C3 to the writ petition. It is also stated that the land belonging to the petitioners as mentioned at Sy.No.108/¹¥ÉÊ-¦9,108F J¥s¥Éʦ-14 and land bearing Sy.No.108/JA-¦32 of Chikkagadiganahalli, K.R.Pete Taluk, Mandya District, have been acquired by the respondent-authorities for the aforementioned purpose and no compensation has been made by the respondent authorities, on the ground that the land in question has not been phoded in favour of the petitioners herein.
4. Sri. Manjunath. K., High Court Government Pleader
submitted that, the respondents be directed to consider the plea of the petitioners on priority basis, since the land in question has already been acquired by the respondent authorities and disbursement of compensation has to be made in furtherance of the Annexure-C3.
5. In that view of the matter, respondent Nos.6 and 9
are hereby directed to consider the case of the petitioners as per Annexure-B series to conduct Darkasth in respect of the -5- land in question, within a period of four months from the date of receipt of this order and thereafter, respondent Nos.4 and 5 are hereby directed to take decision in the matter insofar as the disbursement of the compensation in terms of the Annexure-C3 to the petitioners. With this observation, the writ petition is disposed of. SD/- (E.S.INDIRESH) JUDGE PK List No.: 1 Sl No.: 55 CT: BHK