Karnataka High Court
Mahantesh S/O Sabanna Sunagad vs Government Of Karnataka on 5 September, 2023
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NC: 2023:KHC-D:10110
WP No. 102951 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 102951 OF 2023 (LA-RES)
BETWEEN:
1. MAHANTESH
S/O. SABANNA SUNAGAD,
AGE: 42 YEARS,
OCC: AGRICULTURE,
R/O: HUNGUND,
TQ: HUNGUND,
DIST: BAGALKOT,
PIN CODE: 587118.
2. SMT. SANGAVVA
W/O. SHEKAPPA HONAMATTI,
AGE: 38 YEARS,
OCC: HOUSEMAKER,
R/O: WADAGERI,
TQ: ILAKL,
DIST: BAGALKOT,
...PETITIONERS
Digitally
(BY SRI SANTOSHKUMAR G. RAMPUR, ADVOCATE)
signed by
YASHAVANT
YASHAVANT NARAYANKAR
NARAYANKAR Date:
2023.09.12
14:24:51
+0530
AND:
1. GOVERNMENT OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF REVENUE,
M.S. BUILDING, AMBEDKAR VEEDHI,
BANGALORE-560001.
2. THE ADDITIONAL SPECIAL LAND
ACQUISITION OFFICER,
NO.1, OFFICE OF UPPER KRISHNA
PROJECT NAVANAGAR, BAGALKOT,
TQ: AND DIST: BAGALKOT,
PIN CODE: 587 103.
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NC: 2023:KHC-D:10110
WP No. 102951 of 2023
3. THE LAND SURVEY DEPARTMENT,
TAHASILDAR OFFICE,
HUNGUND,
TQ: HUNGUND,
DIST: BAGALKOT,
PIN CODE: 587 118.
4. THE ASSISTANT EXECUTIVE ENGINEER,
KRISHNA BHAGYA JALA NIGAM LIMITED,
SUB-DIV NO.1,
ILKAL-587125,
TQ: ILKAL, DIST: BAGALKOT.
...RESPONDENTS
(BY SRI P.N. HATTI, HCGP FOR R1 TO R3;
SRI CHETAN MUNNOLI, ADV. FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI QUASHING THE IMPUGNED ENDORSEMENT
SAM. LQ/SR-159/2011-12/2072 DATED 10-10-2022 ISSUED BY THE
2ND RESPONDENT AND A COPY OF WHICH IS PRODUCED AS PER
ANNEXURE-F; ISSUE A WRIT IN NATURE OF MANDAMUS DIRECTING
THE RESPONDENTS NO. 2 AND 4 RECTIFY THE MISTAKE APPEARED
IN JMC PT SHEET ANNEXURE-B, BY SHOWING THE CORRECT AREA
OF LAND ACQUIRED IN R.S. NO. 162/2 AS 1 ACRE - 26 GUNTAS
INSTEAD OF 30 GUNTAS AND ALSO DIRECT THE RESPONDENTS TO
ISSUE PROPER AND CORRECT JMC PT SHEET MAP.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC-D:10110
WP No. 102951 of 2023
ORDER
The captioned petition is filed questioning the endorsement issued by respondent No.2 wherein respondent No.2 has declined to rectify the PT sheet on the ground that rectification is sought after six years of acquiring the land in question.
Heard the learned counsel for the petitioners, learned HCGP and perused the material on record.
Petitioners who are absolute owners of land bearing Sy.No.126/2 totally measuring 5 acres 34 guntas are before this court feeling aggrieved by the PT sheet prepared by respondent No.3. Petitioners grievance is that respondent-State has acquired 1 acre 26 guntas out of 5 acres 34 guntas. However, in PT sheet, the extent is shown as 30 guntas instead of 1 acre 26 guntas. In fact the State is aggrieved party who should have rectified the PT sheet. If the State has paid the compensation for having acquired 1 acre 26 guntas in Sy.No.126/2 PT sheet has to be prepared in terms of the extent acquired by the -4- NC: 2023:KHC-D:10110 WP No. 102951 of 2023 authorities. Therefore, it is well within the jurisdiction of respondent Nos.2 and 3 to rectify the PT sheet and bring it in consonance with the extent of land acquired in Sy.No.126/2. Therefore, the impugned endorsement is liable to be quashed.
The contention of the learned HCGP that petitioners have a remedy of an appeal against the PT sheet drawn by respondent No.3 cannot be acceded to. In the present case on hand, petitioners who are owners are admitting that State has acquired 1 acre 26 guntas and they have received compensation. Therefore, owners have fairly approached the authorities and have brought to the notice that 1 acre 26 guntas is acquired and a request is made to rectify the PT sheet and indicate that 1 acre 26 guntas is acquired and not 30 guntas as reflected in the PT sheet. Therefore, petitioners availing the remedy of an appeal in the present case on hand does not arise.
For the reasons stated supra, I pass the following: -5-
NC: 2023:KHC-D:10110 WP No. 102951 of 2023 ORDER
i) The writ petition is allowed.
ii) The impugned endorsement is hereby quashed.
iii) Respondent Nos.2 and 3 are hereby directed to rectify the PT sheet taking note of the extent of land acquired by the State (1 acre 26 guntas) out of 5 acres 34 guntas.
Sd/-
JUDGE MBS List No.: 1 Sl No.: 91