Dastagir S/O Ladlesab Lr"S Of ... vs The Deputy Commissioner And Anr
2021 Latest Caselaw 3387 Kant

        IN THE HIGH COURT OF KARNATAKA
               KALABURAGI BENCH

  DATED THIS THE 24TH DAY OF SEPTEMBER 2021

                      BEFORE

    THE HON'BLE MR. JUSTICE ASHOK S. KINAGI


   WRIT PETITION NO.207501 OF 2014 (LA-RES)

BETWEEN:

1 . DASTAGIR S/O LADLESAB
LR'S OF LADLESAB
AGE: 42 YEARS, OCC : AGRI.

2 . RUKMUDDIN S/O LADLESAB
L.R'S OF LADLESAB
AGE: 55 YEARS, OCC : AGRI.

3 . SAIPAN S/O MULLA
AGE: 65 YEARS, OCC : AGRI

4 . HANAMANTH S/O GANGARAM MARATHA
AGE: 40 YEARS, OCC : AGRI

5 . GANGARAM S/O NAGUBA MARATHA
AGE: 76 YEARS, OCC : AGRI

6 . ASHOK S/O KHANDI PATIL
AGE: 45 YEARS, OCC : AGRI

7 . JAGADEVI W/O VITHAL PATIL
AGE: 48 YEARS, OCC : AGRI
                             2




8 . NARASINGH BABU PATIL
AGE: 67 YEARS, OCC : AGRI

9 . PRABHULING S/O TUKARAM DHANAGAR
AGE: 48 YEARS, OCC : AGRI

10 . BHAGANNA S/O KALLAPPA DHANAGAR
AGE: 52 YEARS, OCC : AGRI

11 . HANAMANTH S/O KASHAPPA GODKE
AGE: 60 YEARS, OCC : AGRI.

12 . AMBAJI S/O LAXAMANNA DHANAGAR
AGE: 48 YEARS, OCC : AGRI

13 . SHIVAPUTRA S/O SHARANAPPA PUJARI
AGE: 42 YEARS, OCC : AGRI

14 . SAIBANNA S/O MUTTAPPA PUJARI
AGE: 65 YEARS, OCC : AGRI

15 . PRABHULING S/O TUKARAM DHANAGAR
AGE: 45 YEARS, OCC : AGRI

16 . SHARNABAI W/O SHIVAMURTHE NIMBARGAE
AGE: 50 YEARS, OCC : AGRI

17 . SUGALABAI W/O GANAPATI NIBARGE
AGE: 35 YEARS, OCC : AGRI

18 . GANAPATI S/O HANAMANTHA NIMBARGE
AGE: 38 YEARS, OCC : AGRI

19 . BHARATI W/O GANAPATI
AGE: 34 YEARS, OCC : AGRI
                         3




20 . SHARANAMMA RACHOTI L.R'S OF APPARAYA
AGE: 48 YEARS, OCC : AGRI

21 . HANAMANTH S/O APPARAYA RACHOTI
AGE: 34 YEARS, OCC : AGRI

22 . RAMACHANDRA S/O KASHAPPA GODKE
AGE: 65 YEARS, OCC : AGRI

23 . REVANSIDDAPPA S/O KALLAPPA PUJARI
AGE: 48 YEARS, OCC : AGRI

24 . SUSHILABAI W/O REVANSIDDAPPA PUJARI
AGE: 35 YEARS, OCC : AGRI

25 . BASALINGAWWA W/O MALLIKARJUN
AGE: 60 YEARS, OCC : AGRI

26 . HANAMANTH S/O KALLAPPA GHODKE
AGE: 65 YEARS, OCC : AGRI

27 . BHIMAPPA @ BHIMASHA S/O MAHADEV DHANGAR
AGE: 65 YEARS, OCC : AGRI

28 . AMBAJI S/O LAXMANA DHANAGAR
AGE: 52 YEARS, OCC : AGRI

29 . SIDRAMAPPA S/O MUTTAPPA PUJARI
AGE: 65 YEARS, OCC : AGRI

30 . BHIMAPPA @ BIRAPPA S/O MAHADEV DHANGAR
AGE: 65 YEARS, OCC : AGRI

31 . BHAGANNA S/O KALLAPPA DHANAGAR
AGE: 52 YEARS, OCC : AGRI
                          4




32 . BASAVARAJ S/O DATTA MARATHA
AGE: 40 YEARS, OCC : AGRI

33 . RAMCHANDRA S/O MAHADEV JANKAR
AGE: 70 YEARS, OCC : AGRI

34 . YESHWANTH S/O MAHADEV JANKAR
AGE: 68 YEARS, OCC : AGRI

35 . RUKMINIBAI W/O HANAMANTHA
AGE: 35 YEARS, OCC : AGRI

36 . CHANDAMMA W/O RAMACHANDRE GODKE
AGE: 65 YEARS, OCC : AGRI

37 . BASAVARAJ S/O DATTU MARATHA
AGE: 52 YEARS, OCC : AGRI

38 . UJWALA W/O BASAVARAJ MARATHA
AGE: 48 YEARS, OCC : AGRI

39 . GURALINGAPPA HANAMANTHRAO
AGE: 60 YEARS, OCC : AGRI

40 . RAMACHANDRA S/O AMARUTARAO
AGE: 65 YEARS, OCC : AGRI

41 . SHAMARAO S/O VITHALRAO ACHALERI
AGE: 50 YEARS, OCC : AGRI

42 . MANIK S/O VITHALA
AGE: 48 YEARS, OCC : AGRI.

43 . SIDRAMAPPA S/O SHIVALINGAPPA NIMBARGE
AGE: 47 YEARS, OCC : AGRI.
                             5




44 . HANAMANTHAPPA S/O SHIVAMURTHI
SINCE DIED HIS LRS

ERANNA S/O HANAMANTHAPPA
AGE : 45 YEARS, OCC : AGRI.

45 . SHRIMANTH S/O MAHANTAPPA
AGE: 75 YEARS, OCC : AGRI.

46 . VEERUPAKSHI S/O VEERAYYA HIREMATH
AGE: 43 YEARS, OCC : AGRI.

47 . SHIVALING S/O SHIVAMURATHI
SINCE DIED HIS LRS

SHIVAMURTHI S/O SHIVALING
AGE: 55 YEARS, OCC : AGRI.

48 . SHIVANAND S/O MAHANATAPPA NIMBARGE
AGE: 65 YEARS, OCC : AGRI.

49 . VISHWANATH S/O PRABHAYYA HIREMATH
AGE: 46 YEARS, OCC : AGRI.

50 . SHARNAPPA @ SHARNAYYA
SINCE DIED HIS LRS WIFE

VIMAL W/O SHARNAYYA
AGE: 43 YEARS, OCC: AGRI.

51 . VISHAWANTH S/O PRABHAYYA HIREMATH
AGE: 46 YEARS, OCC : AGRI.

52 . MALLAYYA S/O PRABHAYYA HIREMATH
AGE: 46 YEARS, OCC : AGRI.
                          6




53 . BASAVANAYYA S/O PRABHAYYA HIREMATH
AGE: 48 YEARS, OCC : AGRI.

54 . SIDRAM S/O HUVAPPA PUJARI
AGE: 60 YEARS, OCC : AGRI.

55 . NARAYAN S/O UMAJI DHOR
AGE: 65 YEARS, OCC : AGRI.

56 . DATTU S/O UMAJI DHOR
AGE: 48 YEARS, OCC : AGRI.

57 . BASAVANNAYYA S/O PRABHAYYA HIREMATH
AGE: 48 YEARS, OCC : AGRI.

58 . DATTU OMAJI DHOR
AGE: 44 YEARS, OCC : AGRI.

59 . SHARANAMMA W/O RAMACHANDRA
AGE: 48 YEARS, OCC : AGRI.

60 . BHAGIRATI W/O RAVINDRA KULKARNI
AGE: 52 YEARS, OCC : AGRI.

61 . ARUNKUMAR S/O RAMRAO KULKARNI
AGE: 46 YEARS, OCC : AGRI.

62 . KISHENRAO S/O SHANKAAR RAO KULKARNI
AGE: 65 YEARS, OCC : AGRI.

63 . GURURAJ S/O SHANKERRAO KULKARNI
AGE: 63 YEARS, OCC : AGRI.

64 . SRIRAM S/O SHENKAR RAO KULKARNI
AGE: 61 YEARS, OCC : AGRI.
                             7




65 . ANANTH S/O SHANKAR RAO KULKARNI
AGE: 58 YEARS, OCC : AGRI.

66 . RAVINDRA S/O DATTATRAYA KULKARNI
AGE: 60 YEARS, OCC : AGRI

67 . SRINIVASRAO S/O KISHANRAO KULKARNI
AGE: 38 YEARS, OCC : AGRI

68 . BHAGANNA
SINCE DIED HIS LRS WIFE LAXMIBAI
W/O BHAGANNA
AGE: 58 YEARS, OCC : AGRI

69 . DHARM S/O HANAMANTH DHORE
AGE: 62 YEARS, OCC : AGRI

70 . SHIVALLAL S/O RAMACHANDRA SINDE
AGE: 60 YEARS, OCC : AGRI

71 . LAXMIBAI W/O BHAGANNA PUJARI
AGE: 58 YEARS, OCC : AGRI

72 . SHANKARRAO
SINCE DIED HIS LRS

KISHANRAO S.KULKARNI
AGE: 80 YEARS, OCC : AGRI

73 . RATNABI S/O BHIMASHA JADAV
AGE: 65 YEARS, OCC : AGRI

74 . BHIMRARAO S/O HANAMANTH JADAV
AGE: 70 YEARS, OCC : AGRI
                           8




75 . AMBAJI S/O HANAMANTH JADAV
AGE: 68 YEARS, OCC : AGRI

76 . SUVARNA W/O SHIVASHARANAPPA CHARE
AGE: 28 YEARS, OCC : AGRI

77 . SHIVASHARANAPPA S/O KUPENDRA CHARE
AGE: 46 YEARS, OCC : AGRI

78 . GANGABAI W/O KUPENDRA CHARE
AGE: 60 YEARS, OCC : AGRI

79 . PARABATI W/O IRANNA CHARE
AGE: 60 YEARS, OCC : AGRI

80 . SIDRAMAPPA S/O GURUBASAPPA CHARE
AGE: 48 YEARS, OCC : AGRI

ALL ARE R/O VILLAGE PADASAVAGI
TQ : ALAND, DIST : GULBARGA-585102
                                      ...PETITIONERS

(BY SRI. JIDAGE KAILASH C., ADV.)

AND

1 . THE DEPUTY COMMISSIONER
GULBARGA - 585101

2 . THE SPECIAL LAND ACQUISITION OFFICE
SMALL AND MEDIUM IRRIGATION,
GULBARGA-585101
                                     ...RESPONDENTS

(BY SRI. MALLIKARJUN SAHUKAR, HCGP)
                            9




     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE 4(1) NOTIFICATION ORDER DATED
31.07.2014 PASSED BY THE RESPONDENT No.2 IN THE
FILE   No.KAM:VBHU:SWA/1/SA.NI/30/2013-14,    VIDE
ANNEXURE-E WHILE ACQUIRING THE LANDS FOR THE
PURPOSE OF CONSTRUCTION OF WATER TANK AT
VILLAGE PADASAVALGI, TQ. ALAND, DIST. KALABURAGI.

     THIS PETITION COMING ON FOR PRELIMINARY
HEARING 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:

                        ORDER

The petitioners filed this writ petition seeking to

quash the notification order dated 31.07.2014, passed

by respondent No.2 vide Annexure-E.

2. Facts giving rise to the filing of this petition

briefly stated are as under:

The petitioners are the owners and possessors of

land situated at Village Padasavalgi, Tq. Aland, Dist.

Kalaburagi. Respondent No.2 has issued a preliminary

notification dated 19.12.2013, under Section 4(1) of

the Land Acquisition Act ('the LA Act' for short), for

acquiring the lands of the petitioners. Petitioner

Nos.21 and 61 and others filed objections to the said

notification. Petitioner Nos.21 and 61 also filed writ

petitions in W.P.Nos.202467-202468/2014 challenging

the said notification. In the said writ petitions,

respondent filed a memo dated 05.04.2014, stating

that the Minor Irrigation Division, Gulbarga will not

undertake construction work of minor irrigation tank

at Padasavalagi, in the lands pertaining to the

petitioners. Respondent No.2 without considering the

objections filed by the petitioners and the memo filed

by them, has passed another notification order dated

31.07.2014, and no award was passed within two

years from the date of preliminary notification and

hence proceedings initiated under the LA Act stands

lapsed. Hence this writ petition to quash the order

dated 31.07.2014, vide Annexure-E.

3. Heard learned counsel for the petitioners and

learned HCGP for the respondents.

4. Learned counsel for the petitioners submits

that though respondent No.2 has issued a preliminary

notification on 19.12.2013, no award was passed till

date. He further submits that as per Section 11A(1),

if no award is passed under Section 11 within a period

of two years, the acquisition proceedings shall lapse.

Hence, on these grounds, he prays to allow the

petition.

5. Per contra, learned HCGP fairly concedes that

respondent No.2 has not passed award within two

years from the date of publication of declaration.

6. Perused the records and considered the

submissions of learned counsel for the parties.

7. It is not in dispute that the respondent has

issued a preliminary notification on 19.12.2013,

acquiring the lands of the petitioners. Petitioners

have filed objections to the said notification. The

Collector has to pass an award as required under

Section 11 of the LA Act. Respondent No.2 has not

passed the award under Section 11 of the LA Act. If

no such award is passed within two years from the

date of publication and declaration, then the entire

proceedings for acquisition of land, shall lapse. When

the Government fails to pass an award within two

years from the date of preliminary notification, the

land will not vest with the Government and its title

remains with the owner. The acquisition proceedings

stands lapsed by virtue of provisions of Section 11(A)

of the LA Act. The said view is supported by the

judgment of Hon'ble Apex Court in the case of

TIPPANNA NINGAPPA TUMMARMATTI & ORS. VS. THE

STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL

SECRETARY, REVENUE DEPARTMENT & ORS. [ILR 2016

(1) KAR 1170]. Admittedly, no award has been

passed under Section 11 of the LA Act. Hence the

entire acquisition proceedings initiated, shall lapse.

8. In view of the above discussion, the writ

petition is allowed. The notification under Section

4(1) of the LA Act, dated 31.07.2014, vide Annexure-

E, is hereby quashed.

SD/-

JUDGE

RD