A writ petition seeking to quash an order rejecting compensation for 'phot karab' land and directing reconsideration based on a precedent distinguishing such land from government lands.
The impugned order dated 06.06.2012 is quashed and the matter is remanded to the Land Acquisition Officer for reconsideration.
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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
Dated this the 12th day of September 2013
Before
THE HON’BLE MR.JUSTICE H.N.NAGAMOHAN DAS
Writ Petition No.76851/2013 (LA-Res)
Between:
Shri. Maliyappa, S/o Rangappa Meti, Since deceased represented by his LRs.
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Kadampur, Age: 39 years, Occ: Household work,
All are R/o. Murnal village, Tq. & Dist: Bagalkot.
…Petitioners
(By Sri. Jagadish Patil, Advocate)
A n d :
Navanagar, Bagalkot. ...Respondents
(By Smt. K.Vidyavathi, Addl. Govt. Advocate)
This writ petition is filed under Articles 226 & 227 of the Constitution of India with a prayer to quash the order passed by the respondent No.2 dated 06.06.2012 vide Annexure-H and direct the respondents to make the payment in respect of 6 acres 11 guntas in Sy.No.24/1 of Murnal village.
This petition coming on for Preliminary Hearing this day, the Court made the following:
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ORDER
Smt. K.Vidyavathi, learned Additional Government
Advocate is directed to take notice for the respondents.
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Sadashivaiah and Others vs. State of Karnataka and Others reported in ILR 2003 KAR 5088 held that every phot karab land does not belong to Government and the same is included in an assessed survey number and the ownership lies with the owner of the survey number.
Therefore, following the said order, the writ petition is hereby allowed. The impugned order at Annexure-H dated 06.06.2012 is quashed. The matter is remanded to the Land Acquisition Officer for reconsideration, in accordance with law, keeping in view the law laid down by this Court in Sadashivaiah’s case.
Learned Additional Government Advocate is permitted to file memo of appearance within three weeks.
Sd/JUDGE
Kms
2 issues framed by the court
Whether petioneers are entitled to compensation for phot karab land acquired by the State.
Whether the impugned order rejecting the claim on the ground that phot karab land belongs to the Government is sustainable.
Colour shows how this judgement treated each authority
Sadashivaiah and Others vs. State of Karnataka and OthersFollowed¶38
Sadashivaiah and Others vs. State of Karnataka and Others reported in ILR 2003 KAR 5088 · Who else cites this
Shri. Maliyappa, S/o Rangappa Meti, Since deceased represented by his LRs.
The General Manager, Land Acquisition, Upper Krishna Project
The Special Land Acquisition Officer, Upper Krishna Project
H.N. Nagamohan Das
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
