IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER 2017 BEFORE THE HON’BLE MRS. JUSTICE B.V. NAGARATHNA WRIT PETITION NOS.36325-36327/2017 (LA-RES) BETWEEN:
1. Sri. M.G. Manjunatha Patil S/o Late M.G. Nandi Basappa, Aged about 38 years, 2. Sri. M.G. Basavaraj Patil S/o Late M.G. Nandi Basappa, Aged about 35 years, 3. Smt. Annapurnamma W/o Late M.G. Nandi Basappa, Aged about 68 years, All are agriculturists and R/o Abbalagere Village, Holalur Hobli, Shivamogga Taluk and District.
(By Sri. Bharat Rao, Advocate) AND:
1. The District Surgeon, Government Mc. Gann Hospital, Sagara Road, Shivamogga, Shivamogga District-577 201.
2. The Chief Secretary, Government of Karnataka, …PETITIONERS Vidhana Soudha, Dr. B.R. Ambedkar Veedhi, Bengaluru-560 001.
3. The Deputy Commissioner, Office of the Deputy Commissioner, Shivamogga District, Shivamogga-577 201.
4. The Assistant Commissioner, Office of the Assistant Commissioner, Shivamogga District, Shivamogga – 577 201.
... RESPONDENTS (By Sri. Vijayakumar A. Patil, AGA) These Writ Petitions are filed under Article 226 of the Constitution of India praying to direct the respondents to acquire the lands of the petitioners in all measuring 4 acres 32 guntas in Sy.No.17 of Millaghatta Village, Shivamogga Taluk and Shivamogga District by paying just and fair compensation payable to them.
These Writ Petitions coming on for Preliminary Hearing in ‘B’ Group, this day, the court made the following:
O R D E R Petitioners have sought a direction to the respondents to acquire land bearing Sy.No.17, measuring 4 acres 32 guntas, situated at Millaghatta Village, Shivamogga Taluk and District and to pay just and fair compensation.
2. According to the petitioners, one Nandi Basappa was the absolute owner in possession and enjoyment of the aforesaid land. The said land was re-granted to him under the provisions of the Village Offices Abolition Act, 1961. The said grant was made on 07.12.1968. The said Nandi Basappa died on 02.01.2001, leaving behind petitioners as his legal heirs. According to the petitioners, said land is situated adjacent to Mc.Gann Hospital, Sagara Road, Shivamogga. That the grantee Late Nandi Basappa had filed O.S.No.36/2002 seeking relief of declaration of title, possession and injunction against the respondents herein, the said suit was dismissed on 21.02.2005. Thereafter, RFA No.953/2005 was filed before this Court. By judgment dated 18.01.2012, the Division Bench of this Court dismissed the appeal.
Subsequently, the petitioners have sought for consideration of their case for acquisition of the said land and for payment of compensation.
3. Learned counsel for the petitioners has filed a list of documents along with documents, stating that the aforesaid land was acquired under the provisions of Land Acquisition Act, 1894, that the notified khathedar was Neelamma W/o Mariyappa, who was the grandmother of petitioner Nos.1 and 2. That, no award has been passed in respect of the said land. Therefore, petitioners have sought direction in that regard.
4. Learned AGA appearing for the respondents submits that in view of the dismissal of the suit as well as appeal, petitioners cannot seek any direction against the respondents seeking acquisition of lands, particularly when the said lands were acquired way back in the year 1937.
5. Having heard learned counsel for both parties and on perusal of material on record, it is noted that in respect of land in question a notification under Section 6 of the Land Acquisition Act, 1894 was issued as early as on 03.05.1937 in the name of Neelamma. If at all petitioners claim title under Neelamma, they would have been entitled to consideration of their claim, but the father of petitioner Nos.1 and 2 and the husband of petitioner No.3 namely, Nandi Basappa had filed original suit and also regular first appeal before this Court seeking a declaration that he is the owner of the suit schedule land. Both the courts have declined to grant any relief to him and subsequently to the petitioners herein, as they have failed to establish their right, title and interest over the land in question. In the circumstances at this point of time, no direction can be issued to the respondents to acquire the land in question and to award compensation to the petitioners. The writ petitions are misconceived.
Therefore, they are dismissed.
Sd/- JUDGE BMC