Karnataka High Court
The Principal Secretary To Govt vs Sri P.C Prakash on 18 December, 2021
Bench: Alok Aradhe, Anant Ramanath Hegde
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF DECEMBER, 2021
PRESENT
THE HON'BLE MR.JUSTICE ALOK ARADHE
AND
THE HON'BLE MR.JUSTICE ANANT RAMANATH HEGDE
WRIT APPEAL NO.462 OF 2020 (KLR-LG)
BETWEEN:
1. THE PRINCIPAL SECRETARY TO GOVT.,
REVENUE DEPARTMENT
M.S. BUILDING
BENGALURU -560 001.
2. THE PRINCIPAL SECRETARY TO GOVT.,
SOCIAL WELFARE DEPARTMENT
VIKASA SOUDHA
BENGALURU - 560 001.
3. THE DEPUTY COMMISSIONER
BENGALURU URBAN DISTRICT
BENGALURU -560 009.
4. THE TAHSILDAR
BENGALURU SOUTH TALUK
BENGALURU - 560 009.
5. THE COMMISSIONER
SOCIAL WELFARE DEPARTMENT
5TH FLOOR, M.S. BUILDING
BENGALURU -560 001.
6. THE DISTRICT SOCIAL WELFARE OFFICER
BENGALURU URBAN DISTRICT
SAMPANGIRAMANAGARA
BENGALURU - 560 002.
-2-
7. THE SPECIAL DEPUTY COMMISSIONER
(ENFORCEMENT) PROHIBITION OF
UNAUTHORIZED CONSTRUCTION CELL
BENGALURU - 560 009.
...APPELLANTS
(BY SRI. VIJAY KUMAR A. PATIL, AGA(PH)
AND:
1. SRI. P.C. PRAKASH
S/O CHANNABASAVAIAH
AGED ABOUT 54 YEARS
R/AT NO.888/1, 13TH MAIN
SRINIVASANAGARA 2ND STAGE
BANASHANKARI 1ST STAGE
BENGALURU - 560 050.
2. THE MANAGING DIRECTOR
KARNATAKA PUBLICS LAND CORPORATION LTD.,
2ND FLOOR, D.C. OFFICE BUILDING
NEAR CITY CIVIL COURT COMPLEX
KEMPEGOWDA ROAD
BENGALURU 560 009.
...RESPONDENTS
(BY SRI. SUNDARESH H.C., ADVOCATE FOR R1(PH)
SRI. D.R. RAJASHEKHARAPPA, ADVOCATE FOR R2(PH)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE
IMPUGNED ORDER PASSED BY THE LEARNED SINGLE JUDGE IN THE
WRIT PETITION NO.23457/2017, DATED:25/02/2019 AND BE
PLEASED TO DISMISS THE ABOVE WRIT PETITIONS FILED BY THE
RESPONDENTS HEREIN.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING THIS
DAY, ALOK ARADHE, J., DELIVERED THE FOLLOWING:
JUDGMENT
This intra court appeal has been filed against the order
dated 25th February 2019 passed by the learned single Judge by
which Writ Petition preferred by Respondent No.1 has been
disposed of with the direction to the petitioners to award
compensation in respect of 3 guntas of land which was acquired
by the Respondent No.3 within a period of six months from the
date of receipt of copy of the order.
2. The facts giving rise to filing of the appeal in nutshell
are that Respondent No.1 by registered sale deed dated
10.11.2004, purchased land measuring 2 acres 37 guntas in
Survey No.194 situated in Kurubarahalli village, Tavarekere
Hobli, Bengaluru South Taluk. It is the case of Respondent No.1
that the Social Welfare Department of Government of Karnataka
constructed a hostel on the land belonging to Respondent No.1.
Thereupon, he submitted a representation to the Deputy
Commissioner, Bengaluru Urban District, Bengaluru, by which,
he sought grant of 3 guntas of land in Survey No.194 situated in
Kurubarahalli village, Tavarekere Hobli, Bengaluru South Taluk.
The aforesaid representation failed to evoke any response from
the appellants. Thereupon, the Respondent No.1 herein filed a
petition seeking a writ of mandamus to the present appellants to
consider the representation dated 14.10.2015. The learned
single Judge, by order dated 25th February 2019, has directed
the appellants herein to ensure that compensation in respect of
3 guntas of land acquired from Respondent No.1 be disbursed
within a period of six months.
3. In the aforesaid factual background, learned counsel for
the appellants submitted that the Social Welfare Department of
Government of Karnataka has constructed a hostel on the land
measuring 14 guntas of Survey No.195 at Kurubarahalli village,
Tavarekere Hobli, Bengaluru South Taluk. It is further
submitted that the learned single Judge erred in deciding that
the hostel has been constructed on the land of the petitioner by
executing a sale deed in favour of Respondent No.1. It is
pointed out that the land bearing Survey No.193 has been
purchased by Respondent No.1. It is urged that the land of
Respondent No.1 has not been acquired.
4. On the other hand, learned counsel for Respondent
No.1 asserted that on the land belonging to Respondent No.1,
the Social Welfare Department has constructed a hostel. It is
submitted that Respondent No.1 is therefore, entitled to
allotment of land measuring 3 guntas.
5. We have considered the submission made by both sides
and perused the records.
6. The question whether the Social Welfare Department of
Government of Karnataka has constructed a hostel on land
bearing Survey No.193 or 195 is a question of fact which could
not be adjudicated in a writ petition which is in the nature of a
summary proceeding under Article 226 of the Constitution of
India. Admittedly, Respondent No.1 has purchased land bearing
Survey No.193 measuring 2 acres 37 guntas, whereas as per
the assertion made by the Government of Karnataka, the hostel
has been constructed by the Social Welfare Department on
Survey No.195. The prayer of the appellants is on the disputed
questions of fact which cannot be adjudicated in a Writ Petition.
Therefore, the learned single Judge erred in directing the
respondents to make payment of compensation to petitioner in
respect of land measuring 3 guntas. The order passed by the
learned single Judge is set aside. However, liberty is reserved
to Respondent No.1 herein to avail the remedy available to him
in law.
7. With the aforesaid liberty, the Appeal is disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
bnv
