Karnataka High Court
Smt. Basavva W/O. Padadayya Math vs The Special Land Acqusition Officer on 13 December, 2013
Author: L.Narayana Swamy
Bench: H.N.Nagamohan Das, L.Narayana Swamy
:1:
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
Dated this the 9th day of October 2013
Before
THE HON'BLE MR.JUSTICE H.N.NAGAMOHAN DAS
Writ Petition Nos.83687-83688/2013 (LA-RES)
Between:
1. Smt. Basavva, W/o. Padadayya Math
Aged about 70 years
2. Sri. Basayya, S/o. Veerabhadrayya
Math, Aged about 40 years
All are r/a. Chikkaholdur
Tq. Bilagi, Dist: Bagalkote. ...Petitioners
(By Sri. Mrutyunjay Tata Bangi, Advocate)
And:
1. The Special Land Acquisition
Officer, U.K.P.
Bilagi, Dist. Bagalkore.
*Bagalkote
2. The Commissioner for
Upper Krishna Project
Navanagar, Bagalkote.
3. The General Manager
Rehabilitation and Construction
Upper Krishna Project
Navanagar, Bagalkote. ...Respondents
(By Smt. K. Vidyavathi, Addl. Govt. Adv., for R1 to R3)
*Corrected v/c/o dated
13.12.2013
Sd/-
PS to Hon'ble LNSJ.
:2:
These petitions are filed under Articles 226 & 227 of
the Constitution of India with a prayer to quash the
endorsement issued by respondent - the Special Land
Acquisition Officer, Upper Krishna Project, Bilagi dated
30.08.2013 copy as per Annexure-C as arbitrary,
unreasonable and opposed to Article 14 of the
Constitution of India and etc.
These petitions coming on for Preliminary Hearing
this day, the Court made the following:
ORDER
Smt. K.Vidyavathi, learned Additional Government Advocate is directed to take notice for respondents.
2. In these writ petitions, the petitioners have prayed for a writ in the nature of certiorari to quash the endorsement-Annexure-C dated 30.08.2013 issued by the 1st respondent rejecting the request of the petitioners for payment of compensation in respect of 'phot karab' land in the survey number.
3. In identical matter, learned single Judge of this Court in W.P.No.30360/2008 vide order dated 7th August 2009 held that 'phot kharab' means, is a part of the land :3: in an assessed survey number. For the reasons stated in the order in W.P.No.30360/2008, the following:
ORDER
(i) Writ petitions are hereby allowed.
(ii) The impugned order at Annexure-C dated 30.08.2013 issued by respondent No.1 is hereby quashed. The matter is remanded to respondent No.1 for re-consideration in accordance with law and as expeditiously as possible and within a time-frame of three months from the date of receipt of the copy of this order.
Learned Additional Government Advocate is permitted to file memo of appearance within three weeks.
SD/-
JUDGE Kms