IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.9206 OF 2017 (KLR-RES) BETWEEN:
SHIVARAJ AGED ABOUT 23 YEARS S/O BEERAPPA KURUBARA NADIHARALA VILLAGE, RANIBENNUR TALUK HAVERI DISTRICT – 581 115 … PETITIONER (BY SRI M.VINAYA KEERTHY, ADVOCATE) AND:
1. DEPUTY COMMISSIONER DAVANAGERE DISTRICT, DAVANAGERE – 577 001 2. ASSISTANT COMMISSIONER DAVANAGERE SUB-DIVISION DAVANAGERE – 577 001 3. TAHSILDAR HARIHARA TALUK DAVANAGERE DISTRICT – 577 601 4. ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT HARIHARA SUB-DIVISION DAVANAGERE DISTRICT – 577 601 … RESPONDENTS (BY SRI KIRAN KUMAR.T.L, AGA) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the R-1 to consider the petitioner’s representation dated 21.07.2015 vide Annexure-A and etc., This Writ Petition coming on for Preliminary Hearing this day, the Court made the following:-
ORDER The petitioner is claiming that an extent of 6 guntas of land belonging to him in Sy.No.11/3 of Rajanahalli Village, Harihara Taluk is utilized for formation of a road as shown in Annexure-B.
2. The grievance of petitioner is that though the land is utilized for formation of the road, the same is without acquiring the land belonging to him and no compensation is paid.
3. When the material available on record is looked into, more particularly Annexure-B, as agreed by the petitioner himself, the road referred to, is in place for long time and the sketch which is at Annexure-B is shown as if an extent of 5 guntas of ain land in Sy.No.11/3 is utilized for formation of the road. The petition or other documents which are on record does not say when the road was formed. According to the petitioner, the road is there for several years. Without knowing when the road was formed, without knowing when the acquisition has taken place and without even ascertaining whether the portion which is shown in Annexure-B is adjacent to the land of petitioner and that his land is utilized in the said road being made known to this Court, with the material available on record, his prayer for any direction either to respondent No.2 or respondent Nos.3 and 4 to consider his prayer for acquisition of said extent of land and to pay compensation, does not arise.
4. Accordingly, this writ petition is disposed of.
However, it is open for him to approach the authorities and demonstrate with relevant records to show that some extent of land belonging to him in Sy.No.11/3 of Rajanahalli Village, Harihara Taluk is utilized for formation of a road, then he is entitled to receive compensation in accordance with law.
Sd/- JUDGE RV