IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA WRIT PETITION No.15930/2016 (LA – RES) BETWEEN :
SRI GANGADHARA S/O PUTTASWAMY GOWDA R/O MALALI VILLAGE SAKALESHAPUR TALUK HASSAN DISTRICT-573 134 ...PETITIONER (BY SRI A.R.DESAI, ADV.) AND :
THE STATE OF KARNATAKA REP. BY SPECIAL LAND ACQUISITION OFFICER NATIONAL HIGHWAY, K.R. CIRCLE, BANGALORE-560001 …RESPONDENT (BY SRI NITYANANDA K.R., HCGP.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ANNEXURE-A PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE AND CJM, HASSAN IN LAC No.223 OF 2001, DATED 03.10.2015 AND DIRECTING THE TRIAL COURT AND EXECUTING COURT TO ORDER FOR PAYMENT OF COMPENSATION TO THE PETITIONER.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner has challenged the order dated 3.10.2015 passed by the learned Principal Civil Judge & CJM, Hassan, in LAC No.223/2001, whereby the application filed by the petitioner to make the correction in the judgment and decree of LAC No.223/2001 dated 23.11.2005 has been dismissed.
2. The petitioner claims to be the owner of land in Sy.No.No.261/2 of Malali village to an extent of 26 guntas acquired by the respondent for formation of National Highway. It is submitted that in LAC No.223/2001, the petitioner was granted compensation vide judgment and decree dated 23.11.2005 before the Principal Civil Judge & CJM, Hassan. The execution of the decree was transferred to City Civil Court, Bangalore as the respondent/judgment debtor had its office in Bangalore. The respondent has deposited the decretal amount in the Court. It is submitted that the petitioner has filed an application for release of the amount. However, the same was not released since the name of the land owner was shown as M.D.Gangadhara S/o Dyavappa Gowda in the Preliminary Notification, Final Notification and the judgment and award passed in LAC No.223/2001. Hence, the petitioner filed an application under Section 152 of the CPC seeking for correction of the name of the claimant as M.P.Gangadhara S/o Puttaswamy Gowda instead of M.D.Gangadhara S/o Dyavappa Gowda. The same has been rejected by the learned Civil Judge, Hassan, vide order dated 3.10.2015. Hence, the present writ petition.
3. Learned counsel for the petitioner would submit that the certified copy of the examination-in- chief and cross examination of the petitioner before the court below would indicate that the name of the petitioner was wrongly shown as M.D.Gangadhara instead of M.P.Gangadhara. Record of rights relating to the subject property for the periods 1996-97 to 1999- 2000 indicate the name of the petitioner as the owner in possession of the property in question. Vakalath of the petitioner filed in LAC No.223/2001 supports the same. The learned Civil Judge failed to consider these vital aspects and dismissed the application arbitrarily.
4. Learned High Court Government Pleader supporting the order impugned would submit that the Preliminary Notification as well as the Final Notification relating to the property in question reveals the name of the land owner as M.D.Gangadhara S/o Dyavappa Gowda. The proceedings in LAC No.223/2001 and R.A.No.85/2010 indicates the name of the claimant/land owner as M.D.Gangadhara. No valid ground has been made for the correction of the name of the land owner in the judgment and award dated 23.11.2005.
5. Having heard the learned counsel for the parties and perusing the original records, it is clear that the name of the owner of the subject property notified in terms of the Preliminary Notification dated 14.8.1997 and the Final Notification dated 23.9.1998 is M.D.Gangadhara S/o Dyavappa Gowda. The original records including the vakalath filed in LAC No.223/2001 discloses the name of the claimant as M.D.Gangadhara. Accordingly, the judgment and award has been passed in the name of M.D.Gangadhara S/o Dyavappa Gowda in LAC No.223/2001. Reference Application No.85/2010 indicates the name of the claimant as M.D. Gangadhara, S/o Dyavappa Gowda. Hence, the learned Civil Judge is justified in rejecting the claim of the petitioner to correct the name of the claimant as M.P.Gangadhara S/o Puttaswamy Gowda. It is also significant to note that the present petition is filed in the name of Sri. Gangadhara, S/o Puttaswamy Gowda suppressing the initials. The Aadhar card, I.D.proof of the petitioner are insignificant qua the Notifications issued for acquisition of land, to amend the name of the claimant in LAC No.223/2001.
6. In the circumstances, no exception can be found with the order impugned.
Writ petition is bereft of merits and accordingly stands dismissed.
Sd/- JUDGE Dvr: