Disposed

Maliyappa S/O. Hanamappa Shiraguppi v. the General Manager

Karnataka HC20 Sept 2013WP/75493/2013

Case brief

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What is this about?

The High Court of Karnataka, Dharwad Bench, disposed of two writ petitions seeking direction to consider representations for payment of compensation for phut karab land, referring to a prior decision.

What did the court decide?

Respondent No. 3 directed to consider the representations of the petitioners dated 07.09.2012 and 06.09.2012 regarding phut karab land compensation as per law.

Maliyappa S/O. Hanamappa Shiraguppi Vs the General Manager — Land Acquisition | Karnataka HC (2013)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 20^TH DAY OF SEPTEMBER 2013

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BEFORE

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THE HON’BLE MR.JUSTICE H.N.NAGAMOHAN DAS

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WRIT PETITION Nos. 75493-75494/2013 (LA-RES)

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BETWEEN :

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Sri. MALIYAPPA S/O. HANAMAPPA SHIRAGUPPI AGED 75 YEARS OCC. AGRICULTURIST

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Sri. ADIVEPPA S/O. BALAPPA SAVADAGI AGED 55 YEARS OCC. AGRICULTURIST

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BOTH ARE R/O. ANADINNI VILLAGE TQ. & DIST. BAGALKOT.

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… PETITIONERS

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(BY Sri. B M ANGADI, ADV.)

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AND :

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THE GENERAL MANAGER UPPER KRISHNA PROJECT NAVNAGAR, BAGALKOT.

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THE SPECIAL DEPUTY COMMISSIONER UPPER KRISHNA PROJECT NAVNAGAR, BAGALKOT.

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3. THE SPECIAL LAND ACQUISITION OFFICER, UKP, BAGALKOT. … RESPONDENTS

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(BY Sri. A G MALDAR, HCGP)

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THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA WITH A PRAYER TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS OF THE PETITIONERS AND ETC.

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THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY THE COURT MADE THE FOLLOWING:

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O R D E R

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Sri. Maldar, learned Government Pleader is directed to take

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notice for respondent No. 3.

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In these writ petitions the petitioners have prayed for a writ

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of mandamus directing respondent No.3 to consider their representations Annexure B1 dated 07.09.2012 and Annexure B2 dated 06.09.2012. In these two representations the petitioners have requested for payment of compensation in respect of phut karab land.

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In identical circumstances this Court in the case of

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Sadashivaiah and others Vs. State of Karnataka and others, ILR 2003 Kar 5088 held that phut karab is part of survey number and belongs to the owner of the survey number. Accordingly, the writ petitions are hereby disposed off directing respondent No. 3 to consider the representations of the petitioners as per Annexure B1 dated 07.09.2012 and Annexure B2 dated 06.09.2012 in accordance with law as expeditiously as possible.

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Learned Government Pleader is permitted to file memo of

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appearance within three weeks.

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SD/JUDGE

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Lrs.

Maliyappa S/O. Hanamappa Shiraguppi v. the General Manager

Case brief

What is this about?

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Maliyappa S/O. Hanamappa Shiraguppi v. the General Manager

Case brief

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