Karnataka High Court
The Executive Engineer vs Shrishailappa Shankareppa Girigavi on 28 May, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC-D:7081
RP No. 100033 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 28TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
REVIEW PETITION NO. 100033 OF 2023
BETWEEN:
THE EXECUTIVE ENGINEER
MBC DIVIN 1 MUCHAKHNADI CROSS,
BAGALKOT, TQ. DIST. BAGALKOT.
...PETITIONER
(BY SRI. UMESH C AINAPUR, ADVOCATE)
AND:
1. SHRISHAILAPPA SHANKAREPPA GIRIGAVI
AGED ABOUT 55 YEARS,
OCC: AGRICULTURE,
R/O. NAVANAGE, TQ. BAGALKOT.
2. THE SPECIAL LAND AQUISITION OFFICER
M.P. NO. 1, TQ. DIST. BAGALKOT.
3. DEPUTY COMMISSIONER
Digitally signed by BAGALKOT DIST. BAGALKOT.
R HEMALATHA
Location: HIGH
COURT OF 4. ASSISTANT DIRECTOR OF LAND RECORDS
KARNATAKA BAGALKOTE.
...RESPONDENTS
(BY SRI. LINGARAJ MARADI, ADVOCATE FOR R1;
SRI. M M KHANNUR, ADVOCATE FOR R2 TO R4)
THIS R.P. IS FILED U/O 47 RULE 1 R/W SECTION 114 OF THE
CPC.,PLEASED TO, REVIEW THE JUDGMENT AND AWARD DATED
15.12.2020 PASSED BY THIS HONBLE HIGH COURT IN M.F.A.NO.
102688/2020 PRODUCED AS ANNEXURE-A AND ALLOWED THE
PRESENT REVIEW PETITION IN THE INTEREST OF JUSTICE AND
EQUITY.
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NC: 2024:KHC-D:7081
RP No. 100033 of 2023
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This Court in MFA No.102688/2020 disposed of on 15.12.2020
fixed the market value in respect of land bearing Sy.No.53/1, measuring
5 guntas, Sy.No.54 measuring 9 guntas and Sy.No.56 measuring 30
guntas situated at Bagalkot town, Bagalkot District at Rs.162/- per square
feet treating the said land as Phot Kharab-A land.
2. The present review petition is filed for setting aside the
order stating that the subject acquired lands are not Phot Kharab-A land
but Kharab-B lands which were earmarked for the public purpose, and
are vested with the Government.
3. To substantiate the said claim, Settlement of Akar-Band
and also the communication issued by the Assistant Director of Land
Records, Bagalkot are produced.
4. Perusal of the settlement of Akar-Band indicated that there
is no mention that the subject lands are classified as Phot Kharab-B land
under Rule 21 sub-rule (2)(a) of the Karnataka Land Revenue Rules,
1966.
5. The claimant had produced records of rights and an
endorsement issued by the Tahasildar marked as Ex.P.32 before the
reference Court to substantiate that the acquired lands are classified as
Phot Kharab-A lands.
6. Perusal of the communication dated 14.3.2023 at
Annexure-E issued by the Assistant Director of Land Records, Bagalkot
discloses that in the revenue records, the lands are classified as Kharab
Lands instead of classifying it as Kharab-B lands, and as per survey
NC: 2024:KHC-D:7081
records the subject lands are earmarked for formation of canal and
therefore, the subject acquired lands have to be considered as Phot-
Kharab-B lands.
7. No documents are produced to substantiate that the subject
lands were reserved or assigned for public purpose or for any other
purposes as enumerated in Rule 21(2)(b) of the Karnataka Land
Revenue Rules, 1966.
8. I do not find any illegality or perversity in the impugned
order passed and accordingly the review petition stands dismissed.
I.A.No.1/2023 stands dismissed.
Sd/-
JUDGE
HR
