Parshuram Malu vs The State Of Karnataka And Ors
2021 Latest Caselaw 3141 Kant

          IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

       DATED THIS THE 12TH DAY OF AUGUST 2021

                          BEFORE

THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY

       WRIT PETITION No.200268/2021 (LA-RES)

BETWEEN:

PARSHURAM MALU
S/O KANHYALAL MALU
AGED ABOUT 85 YEARS
R/AT NO.8-319, MARWADI GALLI
KIRANA BAZAR, KALABURAGI
                                              ... PETITIONER
(BY SRI GOPALKRISHNA B. YADAV, ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA
       REPRESENTED BY ITS SECRETARY
       DEPARTMENT OF REVENUE
       M.S.BUILDING
       BENGALURU-560001

2.     THE DEPUTY COMMISSIONER
       KALABURAGI
       KALABURAGI DISTRICT-585102

3.     THE ASSISTANT COMMISSIONER
       KALABURAGI
       KALABURAGI TALUK AND DISTRICT-585102

4.     THE EXECUTIVE ENGINEER
       LPC DIVISION -1
       PUBLIC WORKS DEPARTMENT
       KALABURAGI DIVISION
       KALABURAGI-585101
                                                     W.P.No.200268/2021
                                    2




5.   THE ASSISTANT EXECUTIVE ENGINEER
     PUBLIC WORKS DEPARTMENT
     JIWARGI ROAD, KALABURAGI-585102

6.   THE TAHSILDAR
     KALABURAGI TALUK
     KALABURAGI DISTRICT-585102

                                                        ... RESPONDENTS
(BY SRI SHARANABASSAPPA M. PATIL, HCGP)


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION          OF   INDIA       PRAYING   TO   DIRECT   THE
RESPONDENTS TO PAY THE COMPENSATION IN RESPECT OF THE
LAND BEARING SY.NO.104 D, MEASURING 21 GUNTAS SITUATED AT
BRHAMPUR, JIWARGI ROAD, KALABURAGI, BY CONSIDERING THE
JUDGMENT      AND   DECREE    MADE       IN    O.S.NO.190/1997,   DATED
09.07.1999 ON THE FILE OF II-ADDITIONAL CIVIL JUDGE (JR., DN.,)
KALABURAGI AND BY CONSIDERING THE LETTER DATED 26.05.2006,
ISSUED BY THE ASST. EXECUTIVE ENGINEER, PWD DEPARTMENT,
KALABURAGI DIVISION, KALABURAGI, AND THE LETTER DATED
25.08.2020,    ISSUED   BY    THE       DEPUTY    COMMISSIONER        AND
CONSIDER      THE   REPRESENTATION        DATED     11.07.2020    UNDER
ANNEXURES- A, B, E AND F RESPECTIVELY.


     THIS WRIT PETITION COMING ON FOR ORDERS, THROUGH
PHYSICAL/VIDEO CONFERENCING HEARING, THIS DAY THE COURT
MADE THE FOLLOWING:


                              ORDER

The petitioner herein has sought for a writ of mandamus

seeking a direction to the respondents to pay the compensation

in respect of the land bearing Sy.No.104-D measuring 21 W.P.No.200268/2021

guntas situated at Brahampur, Jiwargi Road, Kalaburagi, by

considering the judgment and decree passed in

O.S.No.190/1997 dated 09.07.1999 in the Court of learned II-

Additional Civil Judge (Junior Division), Kalaburagi, and by also

considering the couple of letters said to have been written by

the Assistant Executive Engineer, Public Works Department,

Kalaburagi Division, Kalaburagi, and the letter said to have

been written by the office of the Deputy Commissioner,

Kalaburagi, to the Commissioner, Kalaburagi Mahanagara

Palike.

2. The grievance of the petitioner is that he is the

owner of the land bearing Sy.No.104-D measuring 21 guntas.

The said land has been acquired for the purpose of laying the

road. However, with respect to the said acquisition, till date,

neither any compensation has been assessed nor paid to the

petitioner. This made the petitioner to file the original suit in

O.S.No.190/1997 in the Court of II-Additional Civil Judge

(Junior Division), Kalaburagi, against the defendants therein

seeking relief of declaration and injunction. The said suit came

to be decreed on 09.07.1999 wherein it was declared that the

plaintiff is entitled to receive the compensation in respect of the W.P.No.200268/2021

land acquired by the defendants for construction of the road.

The defendants therein were directed to fix the compensation

amount for the said land.

3. It is now alleging that, inspite of the said civil

decree, the respondents have not fixed the compensation and

paid the same to him, the petitioner has filed the present

petition.

4. The learned High Court Government Pleader

appearing for respondent Nos.1 to 6 submits that in the writ

petition the petitioner cannot seek an order of execution

since he has got a separate remedy in the Civil Court for

execution of the decree.

5. A perusal of the writ petition would go to show

that subsequent to the decree, the petitioner appears to have

made correspondence with the defendants therein requesting

them to comply the terms of the decree. In view of the said

fact that the petitioner is already decree-holder which

according to him has reached its finality and that the said

decree is now required to be executed by him.

W.P.No.200268/2021

If according to the petitioner, who is a decree-holder, terms of

decree is not complied by the judgment-debtors therein, he has

got specific remedy for execution of the decree. As such, the

present petition would not sustain in the facts and

circumstances of the case.

Accordingly, the petition stands disposed of.

In view of disposal of the main petition, I.A.No.1/2021

does not survive for consideration.

Sd/-

JUDGE

NB*