Linganagouda S/O. Neelappagouda ... vs The General Manager on 10 October, 2013

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Karnataka High Court

Linganagouda S/O. Neelappagouda ... vs The General Manager on 10 October, 2013

Bench: H.N.Nagamohan Das

                             :1:




 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

        DATED THIS THE 10TH DAY OF OCTOBER 2013

                            BEFORE

     THE HON'BLE MR.JUSTICE H.N.NAGAMOHAN DAS

          WRIT PETITION No. 83752/2013 (LA-RES)

BETWEEN :

LINGANAGOUDA
S/O NEELAPPAGOUDA KARIGOUDAR
AGE:43 YEARS, OCC: AGRICULTURE
R/O HONNIHAL, TQ: BILAGI
DIST:DHARWAD                          ... PETITIONER

(BY Sri. S.S.PATIL, ADV.)

AND :

1.      THE GENERAL MANAGER
        UPPER KRISHNA PROJECT
        NAV NAGAR, BAGALKOT
        TQ & DIST:BAGALKOT

2.      THE SPECIAL DEPUTY COMMISSIONER
        UPPER KRISHNA PROJECT
        NAVNAGAR, BAGALKOT
        TQ & DIST:BAGALKOT.

3.      THE SPECIAL LAND
        ACQUISITION OFFICER
        UKP, BAGALKOT, TQ:BILAGI
        DIST:BAGALKOT            ... RESPONDENTS

(BY Smt. K VIDYAVATHI, AGA)
                                  :2:




                         ---
     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA WITH A
PRAYER TO DIRECT THE RESPONDENTS TO CONSIDER
THE REPRESENTATION DATED 12.12.2012 OF THE
PETITIONER VIDE ANNEXURE-B AND ETC.

     THIS  WRIT   PETITION COMING   ON  FOR
PRELIMINARY HEARING THIS DAY THE COURT MADE
THE FOLLOWING:

                              ORDER

Smt. Vidyavathi, learned Additional Government Advocate is directed to take notice for the respondents.

2. Petitioner contends that he is the owner of survey No. 50/2 measuring 6 acres 10 guntas situated at Honnihal village, Bilagi taluk. This extent of 6 acres 10 guntas in survey No. 50/2 includes 4 acre 15 guntas of phut karab. As early as in the year 1995-96 the land in question came to be acquired and an award came to be passed only in respect of lands assessed for revenue. No compensation was awarded in respect of phut karab land. Despite repeated requests and representations the respondents have not reacted to the request of the petitioner. Therefore the petitioner is before this Court for a writ of mandamus directing the respondents :3: to pass an award insofar as it relates to 16 guntas of phut karab land in survey No. 50/2.

3. In identical circumstances this Court in the case of Sadashivaiah and others Vs. State of Karnataka and others, ILR 2003 Kar 5088 held that phut karab is part of survey number and belongs to the owner of the survey number. In the circumstances liberty is reserved to the petitioner to give a fresh representation requesting the respondents to award compensation in respect of phut karab land in survey No. 50/2. If such a representation is given by the petitioner then the same is to be considered by the respondents in the light of the law declared by this Court in the aforesaid decision. Accordingly, the writ petition is hereby disposed.

4. Learned Additional Government Advocate is permitted to file her memo of appearance within three weeks from today.

SD/-

JUDGE Rms

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Karnataka High Court