IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P. NOs.19669/2019 & 38904-38924/2019(KLR-RES) BETWEEN:
1. SRI. KANTHARAJU A.N S/O NAGARAJU AGED ABOUT 33 YEARS R/AT NO.26, ARATHI UKKADA VILLAGE SRIRANGAPATNA TALUK MANDYA DIST – 571 427.
2. SRI. RAVIKUMAR S S/O SIDDARAJU D AGED ABOUT 29 YEARS NO.16, ARATHI UKKADA VILLAGE, SRIRANGAPATNA TALUK, MANDYA DIST – 571 427.
3. SRI. JAVARAPPA A.T S/O THAMMANNA AGED ABOUT 36 YEARS NO.18, ARATHI UKKADA VILLAGE, SRIRANGAPATNA TALUK, MANDYA DIST – 571 427.
4. SRI. RAVIKUMAR G S/O GAVI SIDDAIAH AGED ABOUT 31 YEARS NO.22, ARATHI UKKADA VILLAGE, SRIRANGAPATNA TALUK, MANDYA DIST – 571 427.
5. A.S. SRIKANTHA S/O SIDDAPPA AGED ABOUT 30 YEARS R/A ARATHI UKKADA VILLAGE SRIRANGAPATNA TALUK MANDYA DIST – 571 427.
6. SUNIL KUMAR A.S S/O SWAMY J AGED ABOUT 28 YEARS R/A NO.19, ARATHI UKKADA VILLAGE, SRIRANGAPATNA TALUK, MANDYA DIST – 571 427.
7. SMT. SHARADA H W/O KUMAR B R/A ARATHI UKKADA VILLAGE SRIRANGAPATNA TALUK MANDYA DIST – 571 427.
8. KUMAR A.B S/O NARASI BORAI AGED ABOUT 32 YARS R/A ARATHI UKKADA VILLAGE SRIRANGAPATNA TALUK MANDYA DIST – 571 427.
9. THAMANNA S/O LATE JAVARAIAH AGED ABOUT 60 YEARS R/A ARATHI UKKADA VILLAGE SRIRANGAPATNA TALUK MANDYA DIST – 571 427.
10. D. SIDDARAJU S/O LATE DODDAJAVARAIAH AGED ABOUT 52 YEARS R/A NO.17, ARATHI UKKADA VILLAGE, SRIRANGAPATNA TALUK, MANDYA DIST – 571 427.
11. KUMAR A.B S/O J. BORAIAH AGED ABOUT 39 YEARS R/A NO.16, ARATHI UKKADA VILLAGE, SRIRANGAPATNA TALUK MANDYA DIST – 571 427.
12. KODANDARAMA S/O LATE SIDDAIAH AGED ABOUT 50 YEARS R/A ARATHI UKKADA VILLAGE SRIRANGAPATNA TALUK MANDYA DIST – 571 427.
13. ANANDA S S/O SHIVANNA AGED ABOUT 31 YEARS R/A ARATHI UKKADA VILLAGE SRIRANGAPATNA TALUK MANDYA DIST – 571 427.
14. PARAMESH R S/O LATE RMAKRISHNA AGED ABOUT 29 YEARS R/A ARATHI UKKADA VILLAGE SRIRANGAPATNA TALUK MANDYA DIST – 571 427.
15. KRISHNA N S/O LATE HOSPITAL LINGAIAH AGED ABOUT 48 YEARS R/A ARATHI UKKADA VILLAGE SRIRANGAPATNA TALUK MANDYA DIST – 571 427.
16. GOPALKRISHNA N S/O LATE HOSPITAL LINGAIAH AGED ABOUT 54 YEARS R/A ARATHI UKKADA VILLAGE SRIRANGAPATNA TALUK MANDYA DIST – 571 427.
17. SHIVANNA S/O BORAIAH AGED ABOUT 65 YEARS R/A ARATHI UKKADA VILLAGE SRIRANGAPATNA TALUK MANDYA DIST – 571 427.
18. NANJUNDA A.J S/O CONTRACTOR CHORAIAH AGED ABOUT 39 YEARS R/A ARATHI UKKADA VILLAGE SRIRANGAPATNA TALUK MANDYA DIST – 571 427.
19. RADHA W/O SHIVANNA AGED ABOUT 42 YEARS R/A ARATHI UKKADA VILLAGE SRIRANGAPATNA TALUK MANDYA DIST – 571 427.
20. BORAIAH S/O LATE KUNTA BORAIAH AGED ABOUT 65 YEARS R/A ARATHI UKKADA VILLAGE SRIRANGAPATNA TALUK MANDYA DIST – 571 427.
21. JANAKAMMA W/O MAHADEVA AGED ABOUT 46 YEARS R/A ARATHI UKKADA VILLAGE SRIRANGAPATNA TALUK MANDYA DIST – 571 427.
22. SMT. VIJAYAMMA W/O RAMAIAH AGED ABOUT 48 YEARS R/A ARATHI UKKADA VILLAGE SRIRANGAPATNA TALUK MANDYA DIST – 571 427.
... PETITIONERS (BY SRI. ARUN ASHOK GADAG, ADVOCATE) AND:
1. STATE OF KARNATAKA BY REVENUE DEPARTMENT REPRESENTED BY PRINCIPAL SECRETARY ROOM NO.505, 5TH FLOOR GATE-3, M.S. BUILDING DR. B.R. AMBEDKAR VEEDHI BANGALORE – 560 001.
2. DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA, KARNATAKA 571 427.
3. TAHSILDAR SRIRANGAPATANA MANDYA DIST KARNATAKA – 571 427.
4. DHARASAGUPPE GRAMA PANCHAYATI DASAGUPPE VILLAGE K. SATTAHALLI HOBLI SRIRANGAPATNA MANDYA DIST – 571 427.
... RESPONDENTS (BY SRI. Y.D. HARSHA, AGA) THESE W.Ps. ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONERS ON 01.08.2018, 04.09.2018 AND 16.07.2018 AND CONDUCT ENQUIRY ACCORDING TO LAW.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners are seeking for a writ of mandamus to consider their representations dated 01.08.2018, 04.09.2018 and 16.07.2018-Annexure-D submitted to respondent Nos.2 and 3.
2. The sum and substance of the grievance of petitioners as could be discerned from averments made in the writ petitions are that lands measuring 8 acres 16 guntas bearing Sy.Nos.20/1, 20/2, 20/3, 20/4, 20/5, 2/06, 19/2 and 18/1 came to be acquired on 23.04.1940 to shift/relocate the villagers of Arathi Ukkad Village, French Rocks Taluk, Mandya District, as portion of said village came to be submerged due to construction of Krishnaraja Sagara dam and inspite of said land having been acquired, compensation having been paid/disbursed to the land owners, revenue entries in respect of those lands have continued in the name of erstwhile owners and/or their legal representatives and despite allotment of sites made by the authorities to the petitioners by allotting different bits of land, petitioners have not been able to put up roof over their head due to obstruction caused by the erstwhile owners on the strength of revenue entries. Hence, praying for an enquiry being held representations came to be submitted on 01.08.2018, 04.09.2018 and 16.07.2018 and thereafter petitioners have sought for direction to respondent Nos.2 and 3 to consider said representations.
3. Though on the ground of delay and latches petition is liable to be dismissed, facts on hand would disclose that for relocating or shifting the residents of villages which had fallen within the zone of Krishnaraja Sagara Dam work namely, Kadathnalu Village of Bestar Koppalu, French Rocks, Mandya district, which fell into risk area due to construction of Krishnaraja Sagara Dam, certain other lands of Kadathanalu Village and K.Shettihalli came to be acquired as per the list of residents of villagers of Arathi Ukkadu Village at Annexure-C. Petitioners grievance is that they are not able to put up constructions in said sites. As to whether petitioners and their forefathers were residents of said village and whether they have been certified to be relocated or shifted to Kadathnalu village from the land acquired as noticed hereinabove, would be a disputed question of fact and this Court in exercise of writ jurisdiction would not be in a position to examine the same. Even representations submitted by petitioners would not throw light with regard to the details of either petitioners or their forefathers being the residents of said village or authorities having certified them to be displaced persons, are being reslocated. These are aspects which have to be examined by the jurisdictional Deputy Commissioner namely, second respondent. As such it would suffice to grant liberty to the petitioners to submit a comprehensive representation to second respondent within a period of six (6) weeks from today and in the event of such representation being submitted, second respondent shall hold an enquiry and shall take suitable and appropriate steps as it may warrant in the facts and circumstances of the present case. It is also made clear that no direction is issued to second respondent to pass order in any particular manner and is directed to consider the comprehensive representation that may be filed by the petitioner expeditiously. However, no time limit is fixed as the issue in question relates to relocation of villagers on account of some of the villages having either being submerged or fallen in the risk area (dam zone) for the purposes of construction of Krishnaraja Sagara Dam, which was way back in the year 1940 and revenue authorities would have undertaken hereculean task of locating the records. Subject to above observations, writ petitions stand disposed of.
In view of petition having been disposed of, I.A.No.1/2019 does not survive for consideration and it stands rejected.
SD/- JUDGE DR