IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR.JUSTICE B.S.PATIL W.P.Nos.17381-385/2017 (LR-RES) BETWEEN 1. SMT. SARASWATHI AMMA D/O P. SEETHARAMA BHAT AGED ABOUT 81 YEARS, RESIDING AT ADDYEYI HOUSE, VEERAKAMBA VILLAGE, BANTWAL TALUK, D.K.DISTRICT PIN 574222.
2. P. SHARADAMMA D/O LATE SUBRAYA BHAT AGED ABOUT 78 YEARS, R/AT PUNDIKAI HOUSE, VEERAKAMBA VILLAGE, BATWAL TALUK, D.K.DISTRICT PIN 574222 3. P.S.LAXMI D/O LATE SUBRAYA BHAT AGED ABOUT 76 YEARS, R/AT PUNDIKAI HOUSE, VEERAKAMBA VILLAGE, BATWAL TALUK, D.K.DISTRICT PIN 574222 4. P.S.PARVATHI D/O LATE SUBRAYA BHAT AGED ABOUT 80 YEARS, R/AT PUNDIKAI HOUSE, VEERAKAMBA VILLAGE, BATWAL TALUK, D.K.DISTRICT PIN 574222 5. P.GANAPATHI BHAT S/O SEETHARAMA BHAT AGED ABOUT 51 YEARS, RESIDING AT ADDYEYI HOUSE, VEERAKAMBA VILLAGE, BATWAL TALUK, D.K.DISTRICT PIN 574222 ALL ARE REP. BY GPA HOLDER A.VISHNU BHAT S/O SEETHARAMA BHAT, AGED ABOUT 58 YEARS, RESIDING AT ADDYEYI HOUSE, VEERAKAMBA VILLAGE, BANTWAL TALUK, D.K.DISTRICT PIN 574222. ... PETITIONERS (By Sri RAVISHANKAR SHASTRY G., ADV.) AND 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO DEPARTMENT OF REVENUE, M S BUILDING, DR B R AMBEDKAR ROAD BENGALURU- 560001 2. THASILDAR BANTWAL TALUK, POST JODUMARGA D.K.DISTRICT- 574219. ... RESPONDENTS (By Smt.B.P.RADHA, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-2 TO COMPLY WITH THE ORDER DATED 29.9.2016 PASSED BY THE ASST. COMMISSIONER, MANGALURU SUB DIVISION, MANGALURU AT ANNEX-A, AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. Petitioners have filed these writ petitions seeking a direction to 2nd respondent – Tahsildar, Bantwal Taluk, Dakshina Kannada District to pay interest on compensation amount payable to petitioners for having lost their land on account of the occupancy rights granted in favour of tenants as per the provisions of the Karnataka Land Reforms Act.
2. Petitioners have placed reliance on Annexure-A order passed by the Assistant Commissioner on 29.09.2016 for claiming balance interest on the amount of compensation payable at the rate of 11.16% per annum till the amount was paid by the Tahsildar.
3. Perusal of Annexure-A order discloses that the Assistant Commissioner having kept in mind the provisions contained under Sections 47 and 48(B) of the Karnataka Land Reforms Act and various orders passed by this Court with regard to payment of interest on the amount of compensation payable to land owners has passed an order that petitioners were entitled for payment of interest at 16.66% on the amount due and payable to them, but, petitioners had been paid interest at 5.5% and hence, as per the order dated 26.02.2003 passed in W.P.No.37905/2002 in the case of P.SEETHARAMA BHAT Vs. TAHSILDAR AND OTHERS petitioners were entitled for payment of balance interest at the rate of 11.16% by the Tahsildar. The Tahsildar has been accordingly directed by the Assistant Commissioner to calculate interest and pay the same.
4. Though this order has been passed as back as on 29.09.2016, the Tahsildar has so far not paid interest as directed by the Assistant Commissioner. It is in this background, petitioners have approached this Court seeking a direction for payment of interest in terms of the order passed by the Assistant Commissioner vide Annexure-A.
5. There is no justification forthcoming from respondents as to why they have not so far taken any action to pay interest due and payable to petitioners as held by the Assistant Commissioner. Hence, a direction deserves to be issued to 2nd respondent – Tahsildar, Bantwal Taluk, Dakshina Kannada District, to calculate the interest payable to petitioners as per the direction issued by the Assistant Commissioner vide order Annexure-A dated 29.09.2016 and pay the same within sixty days from the date of receipt of a copy of this order. Cost of Rs.5,000/- of this writ petition shall also be paid to petitioners within sixty days from the date of receipt of a copy of this order.
Writ petitions are accordingly disposed of.
Sd/- JUDGE VP