IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA WRIT PETITION NOs.40623-40625 OF 2018 [KLR-RES] BETWEEN:
1 M.K. NAGARAJU S/O.LATE KRIGOWDA AGED ABOUT 50 YEARS 2 M.K. MAHESHA S/O.LATE KRIGOWDA AGED ABOUT 56 YEARS 3 R.K. RUKMANGADA S/O.LATE KRIGOWDA AGED ABOUT 50 YEARS ALL ARE RESIDING AT RAGIMUDDENAHALLI VILLAGE CHINAKURALI HOBLI PANDAVAPURA TALUK MANDYA DISTRICT – 571 434 ... PETITIONERS (BY SRI KUMAR K.G., ADV ) AND:
1 THE CHIEF SECRETARY STATE OF KARNATAKA VIDHANA SOUDHA BENGALURU – 560 001 2 THE DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA – 571 401 3 THE ASSISTANT COMMISSIONER PANDAVAPURA TALUK PANDAVAPURA – 571 434 4 THE TAHSHILDAR PANDAVAPURA TALUK PANDAVAPURA – 571 434 ... RESPONDENTS (BY SRI. VENKATESH DODDERI, AGA] THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ENDORSEMENT DATED 30.12.2017 ISSUED BY THE RESPONDENT NO.4 VIDE ANNEXURE-M.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners are challenging the endorsement bearing No.LND[E]20/2011-12 dated 30.12.2017 issued by the Respondent No.4-Tahsildar, Pandavapura Taluk and also for a writ of mandamus to the respondents to consider their prayer for grant of alternate land.
2. Admittedly, the State had acquired an extent of 1 acre 20 guntas of petitioners’ land in Sy. No.351/2 of Gummanahalli Village, Chinakuruli Hobli, Pandavapura Taluk, Mandya District, in the year 1961 under Preliminary Notification bearing No.RDH.51.LPD.61 dated 13.03.1961.
3. It is seen that immediately thereafter, father of the petitioners filed a writ petition in W.P. No.1634/1963 on the file of this Court where certain directions were issued to revenue authorities to grant equal extent of land to the petitioner in Sy. No.383 of the very same village. The certified copy of the order is at Annexure-A. Inspite of there being an order passed by coordinate Bench of this Court in the year 1971, the Government is sleeping over the matter for nearly 49 years and thereafter when representation was given, they have the audacity to issue an endorsement contending that there is no scope for consideration of such representation. It only shows the dishonest level with which Government is functioning. Be that as it may, when this Court has issued direction as to why order in W.P. No.1634/1963 is not implemented, then the Government has woken up from slumber and to avoid further wrath on them, has taken a decision to grant the alternate land to the petitioners and the same is said to be pending for approval before the Government.
4. Sri. Sadashiva Prabhu, Additional Deputy Commissioner of Mandya and one Sri. Pramod Patil, Tahsildar of Pandavapura are present before the Court to apprise the aforesaid development. They would also submit that the Government in principal has agreed to grant alternative land and the same is identified in Sy. No.385 of Gummanahalli Village measuring 1 acre 20 guntas. The Officers who are present before the Court would submit that necessary orders of grant would be issued within fifteen days’ from today which is stated by them with instructions from the Principal Revenue Secretary to the Government.
5. Accordingly, writ petitions are disposed of, directing the respondents to comply with the undertaking given before this Court within four weeks from today.
It is made clear that if the said order is not passed within four weeks from today, it is open for the petitioners to approach the contempt court, particularly, against Principal Secretary, Department of Revenue, holding the said officer as responsible for any further delay in the matter.
Sd/ JUDGE AN/-