Karnataka High Court
Smt. Manjula W/O Sachin Vani vs The State Of Karnataka on 30 August, 2023
Bench: Sachin Shankar Byssmj
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NC: 2023:KHC-D:9737
WP No. 104472 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 30TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 104472 OF 2023 (GM-RES)
BETWEEN:
1. SMT. MANJULA W/O. SACHIN VANI,
AGE: 44 YEARS, OCC: HOUSEHOLD,
RESIDING AT C/O. SANJEEV PUJAR,
# 65, CHANDANNA, YALLAKI SHETTAR COLONY,
DHARWAD, DISTRICT: DHARWAD.
2. BASAVARAJ S/O. CHANNABASAPPA SULLED,
AGE: 36 YEARS, OCC: AGRICULTURE,
RESIDING AT C/O. SANJEEV PUJAR,
# 65, CHANDANNA, YALLAKI SHETTAR COLONY,
DHARWAD, DISTRICT: DHARWAD.
...PETITIONERS
(BY SRI. UMESH P. HAKKARAKI, ADV. FOR
SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS CHIEF SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
(MUNICIPAL CORPORATION-I)
MOHANKUMAR
B SHELAR VIKAS SOUDHA, BENGALURU-01.
Digitally signed by
MOHANKUMAR B
2. THE DEPUTY COMMISSIONER,
SHELAR
Location: DHARWAD
DHARWAD DISTRICT, DHARWAD-580001.
Date: 2023.09.05
13:27:30 -0700
3. THE ASSISTANT COMMISSIONER,
DHARWAD DISTRICT, DHARWAD-580001.
4. THE COMMISSIONER,
HUBBALLI-DHARWAD CORPORATION,
HUBBALLI-580001.
5. THE THASHILDAR,
HUBBALLI CITY, HUBBALLI-580001.
...RESPONDENTS
(BY SRI. SHIVAPRABHU S. HIREMATH, AGA FOR R1 TO R3 AND R5)
(SRI. G. I. GACHCHINAMATH, ADVOCATE FOR R4)
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NC: 2023:KHC-D:9737
WP No. 104472 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO, A. ISSUE WRIT OF
MANDAMUS DIRECTING THE 1ST RESPONDENT TO RELEASE FUNDS
PURSUANT TO REQUEST OF DEPUTY COMMISSIONER, DHARWAD IN
TERMS OF ORDER DATED 26/05/2023 PASSED BY RESPONDENT
NO.2 IN L.A.Q/CR-80/2022-23 WHICH IS PRODUCED AT ANNEXURE-
K. B. ISSUE WRIT OF MANDAMUS, DIRECTING THE RESPONDENT
NO.1 TO ACT IN THE LIGHT OF COMMUNICATION DATED 22/07/2022
AND TO RELEASE THE FUNDS FOR DUE EXECUTION OF SALE DEED
OF PETITIONERS LAND WHICH IS PRODUCED AT ANNEXURE-F
BEARING NO. R.D 21 LG 2021.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Captioned petition is filed by helpless citizens, who are
compelled to knock the doors of the Writ Court seeking
mandamus against respondent No.1 to release the funds
pursuant to request made by respondent No.2-Deputy
Commissioner in terms of the order dated 26.05.2023 as per
Annexure-K and consequently mandamus is also sought
against respondent No.1 to release the funds to enable the
authorities to secure a sale deed of petitioners' land to be
utilized for burial purposes.
2. The facts leading to the case are as under:
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The petitioners are the absolute owners of Block
No.9/A/A measuring 1 acre 18 guntas, situated at Sutagatti
village, Hubballi Taluk. The respondents pursuant to
directions issued by Principal Secretary of respondent No.1-
State, in compliance of directions issued by this Court to the
local authorities to provide burial grounds, respondent No.3-
Assisant Commissioner directed the Tahasildar to identify
and locate suitable land which can be used for burial
purpose. Respondent No.5-Tahasildar, on spot inspection,
recommended the petitioners' land and sent a
communication to respondent No.2-Deputy Commissioner.
Respondent No.2-Deputy Commissioner having applied his
mind to the recommendation made by respondent No.5-the
Tahasidar, sent a report to respondent No.1-State and also
sought Government Approval for further course of action.
Respondent No.2-Deputy Commissioner also requested
respondent No.1-State to release funds to enable them to
purchase petitioners' land to be utilized for burial purpose.
3. Though respondent No.2-Deputy Commissioner
has sent his proposal, respondent No.1-State has not
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WP No. 104472 of 2023
released the funds to enable the authorities to take further
course of action. This compelled the petitioner to submit one
more representation to respondent No.2-Deputy
Commissioner vide Annexure-G. Respondent No.2-Deputy
Commissioner vide endorsement dated 26.05.2023 as per
Annexure-K has held that he has already forwarded the
proposal and further course of action would be taken after
release of funds by respondent No.1-State.
4. On examining the records, this Court would find
that the villagers have already started using the land as a
burial land. Respondent No.2-Deputy Commissioner has
already sent a proposal to respondent No.1-State. If a
private land is utilized for public purpose, the State is bound
to compensate the land owner. Though right under Article
300-A of Constitution of India is not a fundamental right, the
Hon'ble Apex Court in catena of judgments has held that it is
a statutory right and a private property can be utilized by the
State or other local bodies only by way of acquisition or sale.
The records indicate that there is inaction on the part of
respondent No.1-State.
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WP No. 104472 of 2023
5. If respondent No.2 has already addressed a letter
to the Principal Secretary, Urban Development Authority for
release of amount by letter dated 12.10.2022, the concerned
authority is required to act quickly bearing in mind that
private property of a farmer is utilized for burial purpose and
it deserves to be compensated. The material on record also
indicate that respondent No.2 has discharged his duty in
taking timely action and recommending to respondent No.1-
State to release the funds to enable respondent No.2 and 3
to complete the process of utilizing petitioners' land for burial
purpose. It is also brought to the notice of the Court that the
villagers, under the impression that land is already acquired,
have started using the land for burial purpose.
6. If these significant details are looked into, it still
becomes imperative on the part of respondent No.1-State to
act quickly to release the funds and enable its subordinate
officers to purchase/acquire petitioners' land. The
communications sent by respondent No.2-Deputy
Commissioner clearly indicates that the market value fixed
for having acquired the proposed land for an amount of
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WP No. 104472 of 2023
Rs.1,47,44,411/-. This Court has also taken note of the fact
that the exchequers money is involved. The more in delay in
acquiring the land, will cost the exchequer on account of
price escalation. Therefore, I am of the view that this is a fit
case to issue a mandamus to respondent No.1-State. For the
reasons stated supra, I pass the following:
ORDER
i) The writ petition is allowed.
ii) Respondent No.1-State shall act upon the
proposals sent by respondent No.2-Deputy
Commissioner vide Annexure-K and release the
funds forthwith as indicated in proposal sent by
respondent No.2-Deputy commissioner.
iii) Respondent No.1-State shall take appropriate
action and pass order in terms of Annexure-K
within a period of three months from the date of
receipt of certified copy of this order.
iv) In the event respondent No.1-State releases the
fund and approves the acquisition of petitioner's
land, respondents 2 to 5 shall complete the
process of acquiring the petitioner's land within a
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WP No. 104472 of 2023
period of three months from the date of release
of funds in accordance with law.
v) In view of disposal of the petition, pending
interlocutory applications, if any, do not survive
for consideration and are disposed of accordingly.
Sd/-
JUDGE
