Gurusiddayya And Ors vs The Deputy Commissioner And Ors
2022 Latest Caselaw 9165 Kant

                        1     W.P.No.201289/2022


          IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

     DATED THIS THE 20TH DAY OF JUNE, 2022

                     BEFORE

  THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY

   WRIT PETITION No.201289/2022 (LA-RES)


BETWEEN

1 . GURUSIDDAYYA
S/O VEERABADRAYYA
AGED ABOUT 48 YEARS,
OCC. AGRICULTURE AND COOLIE

2 . SMT SHANTHAMMA
W/O VEERABADRAYYA
AGED ABOUT 78 YEARS,
OCC. HOUSEHOLD

3 . AMRUTHAMATHI W/O AMARAYYA
AGED ABOUT 55 YEARS,
OCC. HOUSEHOLD

4 . DODDA SUGAYYA
S/O VEERABADRAYYA
AGED ABOUT 53 YEARS,
OCC. AGRICULTURE,

5 . SANNA SUGAYYA
S/O VEERABADRAYYA
AGED ABOUT 50 YEARS,
OCC. AGRICULTURE,
                           2     W.P.No.201289/2022


ALL R/O RAGLPARVI VILLAGE,
TQ. SINDHANUR,
DIST. RAICHUR 584 101
                                     ...PETITIONERS

(BY SRI MAHANTESH PATIL, ADVOCATE)

AND

1 . THE DEPUTY COMMISSIONER
RAICHUR, DIST. RAICHUR 584101

2 . THE DIRECTOR OF FAMILY AND CHILD
WELFARE, BANGALORE 560001

3 . THE DISTRICT HEALTH OFFICER
RAICHUR, DIST. RAICHUR 584101

4 . THE TALUKA HEALTH OFFICER
SINDHANUR, DIST. RAICHUR 584101

5 . THE MEDICAL OFFICER
PHC RAGALPARVI VILLAGE,
DIST. RAICHUR 584101

6 . THE ASSISTANT COMMISSIONER
LINGASUGUR, DIST. RAICHUR 584101

7 . THE TAHSILDAR
SINDHANUR, DIST. RAICHUR 584101
                                    ...RESPONDENTS

(BY SRI SHARANABASAPPA M. PATIL, HCGP)

 THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING
                              3          W.P.No.201289/2022


TO ISSUE A WRIT IN THE NATURE OF MANDAMUS,
DIRECTING THE RESPONDENTS TO INITIATE THE
ACQUISITION    PROCEEDINGS     AND    PAY THE
COMPENSATION AND DAMAGES AS ORDERED IN RFA
NO.200020/2014 VIDE ANNEXURE-B BY CONSIDERING
THE REPRESENTATIONS VIDE ANNEXURE-C AND C1, IN
THE INTEREST OF JUSTICE AND EQUITY ETC.

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

                       ORDER

Heard the learned counsel for the petitioner as well

as the learned High Court Government Pleader

appearing for the respondents.

2. It is the case of the petitioners that they are

the absolute owners in possession of the land bearing

Survey No.95/A (95/1+4), present land bearing Survey

No.95/3 measuring 1 acre 1 gunta situated at

Ragalparvi village, Sindhanur taluka, Raichur district.

3. The learned counsel for the petitioners

submits that the petitioners had filed O.S.No.70/2012

before the jurisdictional Civil Court seeking for a

declaration and mandatory injunction and other reliefs in

the said suit in respect of the land in question. The said

suit was dismissed vide judgment and decree dated

18.01.2014 and as against the same, regular first appeal

was filed by the petitioners before this Court in RFA

No.200020/2014, which was disposed of by this Court

on 03.01.2022 vide Annexure-B and this Court had set

aside the judgment and decree passed by the Trial Court

dated 18.01.2014 and had decreed the suit, wherein,

the petitioners have been declared as the absolute

owners of the suit schedule property. In addition to the

same, this Court had also directed the

defendants/respondents herein to take necessary steps

to complete the acquisition proceedings in accordance

with law under the provisions of the Right to Fair

Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013 and pay the

compensation to the petitioners. Thereafterwards, the

petitioners have given representations as per Annexure-

C and C1 dated 18.02.2022 and 19.02.2022 respectively

and though the Assistant Commissioner as well as the

Additional Deputy Commissioner have issued internal

communications to complete the acquisition proceedings

at the earliest in compliance of the judgment and decree

passed by this Court in RFA No.200020/2014, till date,

the process is not completed and the petitioners, who

are the owners of the land in question have been

deprived of rightful compensation in respect of their said

land though the said land had been utilized by the

respondents for their project. It is under these

circumstances, the petitioners have approached this

Court seeking necessary direction to the respondents in

the nature of mandamus.

4. Learned High Court Government Pleader

appearing for the respondents submits that pursuant to

the judgment and decree passed by this Court in RFA

No.200020/2014, action has been already taken by the

competent authority as could be found from Annexures-

D and E and if some reasonable time is granted, the

matter will be pursued and necessary orders will be

passed by considering the representations submitted by

the petitioners.

5. Having regard to the said submission made

by learned counsel for the parties, I am of the

considered view that the writ petition can be disposed of

by issuing necessary direction to the concerned

authorities. Accordingly, following:

ORDER

The writ petition is allowed. Respondent Nos.1 and

6 are directed to consider the representations submitted

by the petitioners vide Annexures-C and C1 dated

18.02.2022 and 19.02.2022 respectively in the

background of the judgment and decree passed by this

Court in RFA No.200020/2014 disposed of on

03.01.2022 and pass appropriate orders in accordance

with law as expeditiously as possible but not later than a

period of four months from the date of receipt of

certified copy of this order.

Learned High Court Government Pleader is

permitted to file his memo of appearance within three

weeks.

Sd/-

JUDGE

Srt