- 1 - NC: 2025:KHC:7935 WP No. 18492 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 18492 OF 2024 (LA-RES) BETWEEN: 1. 2. 3. 4. 5. SRI HANUMANTHA RAO GAIKWAD S/O PANDURANGA GAIKWAD AGED ABOUT 67 YEARS RESIDING AT SRI GULLAMMA TEMPLE BEEDHI, RANGAPPA CIRCLE, BHADRAVATHI, SHIVAMOGGA DISTRICT-577 301. SRI. RAMACHANDRA RAO GAIKWAD, S/O PANDURANGA GAIKWAD, AGED ABOUT 64 YEARS, RESIDING AT SRI GULLAMMA TEMPLE BEEDHI, RANGAPPA CIRCLE, BHADRAVATHI, SHIVAMOGGA DISTRICT - 577 301. SRI DAULATH RAO GAIKWAD, S/O PANDURANGA GAIKWAD, AGED ABOUT 60 YEARS, RESIDING AT SRI GULLAMMA TEMPLE BEEDHI, RANGAPPA CIRCLE, BHADRAVATHI, SHIVAMOGGA DISTRICT- 577 301. SMT. RATNABAI PAWAR, D/O PANDURANGA GAIKWAD, AGED ABOUT 74 YEARS, RESIDING AT SRI GULLAMMA TEMPLE BEEDHI, RANGAPPA CIRCLE, BHADRAVATHI, SHIVAMOGGA DISTRICT - 577 301. SMT. JIJABAI KADAM. D/O PANDURANGA GAIKWAD, Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7935 WP No. 18492 of 2024 AGED ABOUT 62 YEARS, RESIDING AT SRI GULLAMMA TEMPLE BEEDHI, RANGAPPA CIRCLE, BHADRAVATHI, SHIVAMOGGA DISTRICT - 577 301. …PETITIONERS (BY SRI. BHARAT S. RAO.,ADVOCATE FOR P1 TO P5) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO REVENUE DEPARTMENT, M S BUILDINGS, BANGALORE-560 001. 2. 3. 4. 5. 6. THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT, SHIVAMOGGA-577 201. SUPERINTENDENT OF POLICE OPP. MCGANN HOSPITAL SAGAR ROAD SHIVAMOGGA - 577 201. CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH KUVEMPU ROAD SHIVAMOGGA -577 201. EXECUTIVE ENGINEER PUBLIC WOKS DEPARTMENT BALRAJ URS ROAD SHIVAMOGGA -577 201. DEPUTY DIRECTOR OF FISHERIES CHENNAGIRI ROAD, RANGAPPA CIRCLE BHADRAVATHI -577 301. …RESPONDENTS (BY SMT. B. SUKANYA BALIGA., AGA FOR R1, R2, R3, R5 - 3 - NC: 2025:KHC:7935 WP No. 18492 of 2024 AND R6; SRI. B.J. SOMAYAJI., ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER CASE NO. LAQ(2)CR.140/2017-18 DATED 05.12.2023 OF THE ASSISTANT COMMISSIONER, SHIVAMOGGA (ANNX-C) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petitioners claiming to be the legal heirs of one Panduranga Gaikwad are before this Court for the third time. 2. Case of the petitioners is that; (a) land in Sy.No.214/21A1 measuring 3 acres 23 guntas and land in Sy.No.214/1/B measuring 11 guntas situated in Bhadravathi, Kasaba Hobli, Shivamoga District belonged to their father, same having been purchased by him in terms of a deed of sale for valuable consideration. It is contended that during the year 2005-2006 petitioners became aware that the Government offices and the Courts functioning in the buildings constructed on the land belonging to his family on the aforesaid land. On further investigation, petitioners - 4 - NC: 2025:KHC:7935 WP No. 18492 of 2024 learnt that the said lands were purportedly acquired and compensation had been paid to the father of the petitioners in the year 1943. However, it is the further contention of the petitioners that said information received by the petitioners from the office of Assistant Commissioner runs contrary to the very Gazette notification produced at Annexure-E dated 16.03.1948, wherein name of father of the petitioners Panduranga Gaikwad is shown as the kathedar, ever as on the year 1948, while compensation alleged to have been paid in the year 1943. (b) In the background of the aforesaid facts petitioners had earlier approached this Court by filing writ petition in W.P.No.47624/2015 seeking direction to the respondent- authority to initiate acquisition proceedings in respect to the aforesaid property and to pay the compensation to the petitioners as expeditiously as possible and also to consider the representation of the petitioners dated 05.01.2015. Since the petitioners had contended in the said writ petition that their land has been utilised by the respondent-authorities without initiating the acquisition process, responding to the said plea and upon submission made by the then learn Additional - 5 - NC: 2025:KHC:7935 WP No. 18492 of 2024 Government Advocate of consideration of the representation of the petitioners, this Court disposed of the said writ petition directing the respondent -authorities to consider the representation of the petitioners dated 16.06.2017 within a period of three months. (c) Apparently, a response was issued by the respondent -Assistant Commissioner stating the lands were acquired long ago during the year 1945-1946 and the compensation had also been paid to the father of the petitioners. This gave rise to another writ petition by the petitioners in W.P.No.8839/2021 seeking for similar relief as sought in the earlier writ petition. The primary ground urged in the said writ petition was that the respondent- Assistant Commissioner had not given detailed reasoning in response to the representation earlier given by the petitioners. Yet again this Court by order dated 02.06.2023 responding to the plea of the petitioners keeping open all the contention directed the respondent No.3-Assistant Commissioner to consider the representation afresh by giving detailed reasoning. - 6 - NC: 2025:KHC:7935 WP No. 18492 of 2024 (d) It is in furtherance to the said direction issued by this Court, respondent -Assistant Commissioner took up the matter in case No. LAQ(2)/CR/140/2017-18 and passed an order dated 05.12.2023 at Annexure-C holding that the land being claimed by the petitioners had been acquired and the compensation had been paid to the father of the petitioners in LAC.65/42-43 and LAC.66/42-43 by way of cash and compensation in respect of land in Sy.No.214/2A to the extent of 14 guntas was paid to the Town Municipality Council in the year 1948 in LAC No. 118-198/1948-49. Being aggrieved by the said endorsement, the petitioner had apparently preferred an appeal before the Deputy Commissioner, who by his order dated 13.06.2024 declined to entertain the same for want of jurisdiction and accordingly dismissed the same. Being aggrieved by order dated 13.06.2024, petitioners are before this Court. 3. Sri.Bharat S.Rao, learned counsel appearing for the petitioners taking this Court through the petition averments and documents enclosed therewith and relying upon the judgement of the Apex Court in the case of VIDYADEVI vs. STATE OF HIMACHAL PRADESH AND OTHERS passed in - 7 - NC: 2025:KHC:7935 WP No. 18492 of 2024 Civil Appeal Nos.60-61/2020, more particularly, paragraph 10.2 vehemently submits that the respondent- authorities has expropriated the property belonged to the petitioners without acquisition and without paying the compensation. He submits no acceptable document is furnished to the petitioners with regard to the process of acquisition which is stated to have taken place between the years 1942-46 and payment of compensation having been made in the year 1948. He submits unless and until such documents are furnished to the petitioners, petitioners will not be satisfied with regard to the acquisition stated to have taken place back in the year 1945- 46. Therefore, he submits the respondent- authority be called upon to furnish said documents. He further submits if those documents are not available presumption has to be drawn that the land of the petitioners has been utilised without acquisition warranting payment of compensation in accordance with law. Hence, seeks for allowing of the petition. 4. In response, Smt. B.Sukanya Baliga, learned AGA taking this Court through the contents of the order passed by the Respondent- Assistant Commissioner produced at Annexure-C submits that as directed by this Court vide order - 8 - NC: 2025:KHC:7935 WP No. 18492 of 2024 dated 02.06.2023 passed in W.P.No.8839/2021, the Respondent- Assistant Commissioner had indeed provided sufficient opportunity to the petitioners. Besides had also obtained records from all the concerned departments and after a thorough enquiry he had concluded that acquisition of the properties being claimed by the petitioners had taken place between the years 1942 to 43 and the compensation were paid in the year 1948. She submits petitioners without giving any explanation in any of these writ petitions has merely claimed that he learnt about the respondent-authorities utilised the property in the year 2005- 2006. The petition is therefore liable to dismissed on the delay and laches alone. 5. She submits demand being made by the petitioners for providing documents at this belated juncture apart from being unreasonable, cannot be countenanced, inasmuch as in term of the direction issued by this Court petitioners were given sufficient opportunity and a detailed order in this regard has been passed. 6. Adverting to the claim of the petitioners with regard to the name of the petitioners' father being reflected as kathedars - 9 - NC: 2025:KHC:7935 WP No. 18492 of 2024 at Annexure-E, she submits it may be open for the petitioners to establish their right with respect property mentioned therein in the manner know to law. Said question cannot be gone into the writ petition. 7. Sri.B.J.Somayaji, learned counsel for the respondent No.4 specifically drawing attention of this Court to page 6 of the order passed by the respondent-Assistant Commissioner points out that in the enquiry conducted by the Respondent Assistant Commissioner it is found that the Bhadravati Court building is in existence on the property being claimed by the petitioners from the year 1952 and other government buildings were constructed on the said property in 1965-66 and have been functioning since then. He also submits that private hospital by name Nirmala Hospital has been constructed in the year 1954 upon the land being sold by Municipality. He also points out that the Respondent -Assistant Commissioner has found from the plaque on the wall of the police station that the said building was constructed on 11.12.1983 and inaugurated by the then Director General and Inspector General of Police. Thus, he submits that the properties being claimed by the petitioners has been fully and - 10 - NC: 2025:KHC:7935 WP No. 18492 of 2024 completely utilised by the government for various purposes referred to above between the year 1952 to 1990. Neither the petitioners nor his forefathers had raised any objections. Therefore, he submits the petition being malafide filed with ulterior intention requires to be dismissed. 8. Heard. Perused the records. 9. The petitioners who initially approached this Court by filing writ petition in W.P.No.47624/2015 had pleaded their innocence and ignorance of their land having been utilised by the respondent-authorities and they coming to know about the functioning of Government offices and court etc., only in the year 2005 and 2006. When he came for the second time before this Court by filing a writ petition in W.P.No.8839/2021 his case was that the respondent- Assistant Commissioner had not considered his representation by giving valid and cogent reasons. On both occasions this Court responded and directed respondent- authorities to consider his representation afresh. Annexure-C is the order running into 14 pages passed by the Respondent- Assistant Commissioner on 05.12.2023 pursuant to the aforesaid direction issued by this Court. Perusal of the - 11 - NC: 2025:KHC:7935 WP No. 18492 of 2024 said document manifestly discloses that the Respondent- Assistant Commissioner has indeed not only applied his mind but has also called for all possible information from all possible departments with respect to the acquisition and utilization of this land by various Government departments as emanating from the report and the list of document produced in the said order. 10. Sufficient to extract the following paragraph with regard to the period at which these lands have utilised and the consequence of payment as found at page 6 and page 12, 13 of the order. "ಭಾವ ಾ ಾಲಯದ ಕಟಡವ 1952 ಂದಲೂ ಾಗೂ ಇತೆ ಸಾ ಕಟಡವ 1965-66 ಂದಲೂ ಸದ ಾಗದ ಾಯ!ವ"ಸು$ರುವದು ಕಂಡು ಬಂ'ರುತ$ೆ ಾಗೂ ಇೇ ಸ)ೆ ನಂಬನ +ಾಸ, ಆಸ./ೆ ಾದ !ಮಲ ಆಸ./ೆ ಾಗೆ1 1954 ರ ಭಾವ ಮು!2ಪ4 ೌ!24 ಅಧ8ರು, !ಮಲ ಆಸ./ೆ9ೆ ಕಯ :ಾ;ಾ<ೆಂದು ಕಂಡು ಬಂ'ರುತ$ೆ. ಾಗೂ ಸದ ಾಗದ ಾ ಾಲಯ 1955-56 ಹ>ೇ ನಗರ ?ೕ@ AಾBೆ CDಾಾಸ ಫಲಕ'ಂದ 'ಾಂಕ: 11.12.1983 ರಂದು ಅಂ'ನ ;.F ಮತು$ ಐ.F ರವರು ಸದ AಾBೆಯನುH ಶಂಕುJಾKಪೆ :ಾ;ರುವದು ಕಂಡುಬಂ'ರುತ$ೆ.ಆದ<ಂದ ಸದ ಾಗ)ೆDಾ ಸಾ ಾಗ)ೆಂದು Lದುಬರುತ$ೆ. ಾಗೂ ಬಹು ಮುಖ)ಾ, ಸದ ಸಂದಭದ ಅFಾರರು ಅಥ)ಾ ಅವರ ತಂೆ ಅಥ)ಾ ಅವರ ಅಜP ಅಥ)ಾ ಸಂಬಂQಕರು ಾವೇ ತಕಾರು ಅF ಸ Rರುವ'ಲ . ಈ ಎDಾ ಸಾ ಕಟಡಗಳV 1952 ಂದ !:ಾಣ)ಾಗು$ದು<, 1990 ರವೆ9ೆ ಅFಾರರು ಅಥ)ಾ ಅFಾರರ - 12 - NC: 2025:KHC:7935 WP No. 18492 of 2024 ಸಂಬಂQಕರು ಾವೇ ತಕಾರು ಸ ಸೇ ಸುಮX!ರುವದು ೋ;ದೆ ಅFಾರ9ೆ ಾಗೂ ಾಗೂ ಾಗೂ ಾಗೂ ಸದ ಸದ ಸದ ಸದ ಾಗ ಾಗ ಾಗ ಾಗೆೆೆೆ1111 ಾವ ಾವ ಾವ ಾವೇೇೇೇ ಸಂಬಂಧ ಸಂಬಂಧ ಸಂಬಂಧ ಸಂಬಂಧYYYYಲಲಲಲ ) ) ) )ೆಂದು ೆಂದು ೆಂದು ೆಂದು L L L Lದುಬರುತ ದುಬರುತ ದುಬರುತ ದುಬರುತ$$$$ೆೆೆೆ. ಅಅಅಅF F F Fಾರರ ಾರರ ಾರರ ಾರರ ಸಸಸಸ))))ೆೆೆೆ ನಂಬ ನಂಬ ನಂಬ ನಂಬ9 9 9 9ೆೆೆೆ ಸಂಬಂ ಸಂಬಂ ಸಂಬಂ ಸಂಬಂ'R 'R 'R 'Rದಂ ದಂ ದಂ ದಂ////ೆೆೆೆ ಅವರ ಅವರ ಅವರ ಅವರ Z/ Z/ Z/ Z/ಾಾಾಾF F F Fತತತತ ಸಸಸಸ[[[[ತು ತು ತು ತು$$$$ ಎಎಎಎ ೆೆೆೆ ಎಂಬುದನು ಎಂಬುದನು ಎಂಬುದನು ಎಂಬುದನುHHHH ಸಸಸಸ....ಷಷಷಷ))))ಾಾಾಾ,,,, ಅಳ ಅಳ ಅಳ ಅಳ////ೆೆೆೆ : : : :ಾಡ ಾಡ ಾಡ ಾಡDDDDಾಾಾಾ,,,,ಲಲಲಲ . F ªÉÄîÌAqÀ zÁR¯ÁwUÀ½AzÀ vÁ®ÆèPÀÄ PÀbÉÃj, vÁ®ÄèPÀÄ C©üªÀÈ¢Ý ªÀÄAqÀ½, ªÀÄĤì¥sï ªÀÄvÀÄÛ ªÀiÁåf¸ÉÖçÃmï PÉÆÃmïð, 1966-67 jAzÀ¯Éà ¨sÀzÁæªÀwAiÀÄ £ÀUÀgÀ ¸À¨sÉAiÀÄ°è zÁR¯ÉUÀ¼À°è ¸ÀévÀÄÛUÀ¼À ªÀiÁ°ÃPÀvÀé ºÉÆA¢gÀĪÀÅzÀjAzÀ ºÀPÀÄÌ zÁR°¹gÀĪÀÅzÀÄ zÁR¯ÉUÀ½AzÀ ªÀåPÀÛªÁUÀÄwÛzÉ. ಉಪY^ಾ9ಾQಾಗಳV, ಭಾವ ಸ_ ;Yಜ`, ಭಾವ ರವರ ಕaೇಯ ಕ:ಾಂಕ. Cವನ LAC.65/42-43 ರಂ/ೆ Cವbಗc /ಾಲೂಕು, ಭಾವ ೋಬL, ಭಾವ 9ಾಮ ಸ.ನಂ.214/1 ರ 3 ಎಕೆ 11 ಗುಂdೆ ಜeೕ!ನ 0-16 ಗುಂdೆ ಖಾಬು ಾ/ಾ ಉLೆ 2 ಎಕೆ 35 ಗುಂdೆ ಕ ಸಂ ಅJೆ@ fಂg FJಾhi ಸಂ+ೆ,ಮತು$ ªÀµÀð ªÀiÁ°ÃPÀvÀézÀ «ªÀgÀ 1 . 1323-1321 ªÀµÀð 1966-67 /ಾಲೂ ಕು ಕaೇ, ಭಾವ 2 1324-1322 ªÀµÀð 1966-67 ಮು!2j :ಾFJೆhೕg ೋg 3 1451 ªÀµÀð 1975-76 /ಾಲೂ ಕು ಅkವೃ'm ಮಂಡL, 4 1452 ªÀµÀð 1975-76 /ಾಲೂ ಕು ಕaೇ, ಭಾವ 5 1624 ªÀµÀð 1982-83 /ಾಲೂ ಕು ಅkವೃ'm 6 1625 ªÀµÀð 1982-83 1982-83 /ಾಲೂ ಕು ಕaೇ, ಭಾವ 7 479 ªÀµÀð 1989-90 /ಾಲೂ ಕು ಕaೇ ಾಯಲಯ, 8 480 ªÀµÀð 1989-90 ಮು!Hೕj ಮತು$ :ಾFJೆhೕg 9 481 ªÀµÀð 1989-90 ಾ ಾಲಯದ ಕಟಡ ಾಗೂ /ಾಲೂ ಕು ಕaೇಗಳ ಮೆ 1 0 OA 479/75 ªÀµÀð 1996-97 2009-10 /ಾಲೂ ಕು ಕaೇ, ಭಾವ 1 1 OA 481/77 ªÀµÀð 1996-97 2009-10 ಾ ಾಲಯದ ಕಟಡ ಾಗೂ /ಾಲೂ ಕು ಕaೇಗಳ ಮೆ ಇರುವ ಖುDಾ ಾಗ 1 2 OA 480/76 ªÀµÀð 1996-97 2009-10 ಮು!Hೕj ಮತು$ :ಾFJೆhೕg ೋg, ಭಾವ - 13 - NC: 2025:KHC:7935 WP No. 18492 of 2024 ಜೕನು ಾಟ ಾಂ ಾಣದ ಉೇಶಾ ಭೂ ಾೕನ ಪ!"ೊಳ$ಲು &ೂೕಷ(ೆ ಸಂ*ೆ L.5527.ML.17-42-12 +,ಾಂಕ.3/12/42 ರ/0 ಅನು2ೕದ,ೆ3ೊಂಡ &ೂೕಷ(ೆಯಂ6ೆ 7ೖಸೂರು 9ಾಜ ಪತ;ದ/0 +,ಾಂಕ.10/12/42 ರಂದು ಪ;ಚುರಪ!ಸ=ಾತು>. ಸದ? &ೂೕಷ(ೆಯಂ6ೆ +,ಾಂಕ.28/12/43 ರಂದು @ಾಂಡುರಂಗ 3ಾಯ ಾB ರವ?3ೆ ೇ?ದ 300X40 ಅ! ಪ;ೇಶೆ ಅಾB ಅನು2ೕದ,ೆ ಆರುತ>ೆ. ಇದರಂ6ೆ ಭೂ ಾ/ೕಕ?3ೆ ಅಾB ,ೋFೕG +,ಾಂಕ 18/12/1942 ರಂದು ೕಡ=ಾತು>. ಅದರಂ6ೆ ಅಾB ನ/0 ಗ+ ಪ!"ೆ ಪ?Hಾರ ಹಣ ರೂ 31 ರೂ 4 ಆ(ೆ ರೂಗಳನುJ ನಗಾ +,ಾಂಕ:28/12/1943 ರಂದು ಭೂ ಾ/ೕಕ?3ೆ-ಸK ಪMೆದು @ಾವNOಾರುವPದು ಾಖ=ಾNಗRಂದ ವಕ>ಾಗುN>ೆ. ಉಪSTಾ3ಾಾ?ಗಳU, ಭಾ;ವN ಸV !SಜW, ಭಾ;ವN ರವರ ಕXೇ?ಯ ಭೂ ಾೕನ ಪ;ಕರಣ ಸಂ*ೆ LAC 66/42-43 ರಂ6ೆ Yವ2ಗZ 6ಾಲೂ0ಕು, ಭಾ;ವN HೋಬR, ಭಾ;ವN 3ಾ;ಮ.214/2ಎ ರ/0ನ 4 ಎಕ9ೆ 05 ಗುಂ ೆ ಜೕನು ಇದು ಾಟ ಾಂ ಾಣದ ಉೇಶಾ ಭೂ ಾೕನ ಪ!"ೊಳ$ಲು &ೂೕಷ(ೆ ಸಂ*ೆ L.5527.ML17-42-12 +,ಾಂಕ.3/12/1942 ರಂದು ಅನು2ೕದ,ೆ3ೊಂಡು 7ೖಸೂರು 9ಾಜ ಪತ;ದ/0 Tಾಗ ಸಂ*ೆ 3 ರ ಪPಟ ಸಂ*ೆ 3 ರ/0 +,ಾಂಕ. 10/12/1942 ರಂದು ಪ;ಚುರಪ!ಸ=ಾತು>. ಭೂ ಾ/ೕಕ?3ೆ ಭೂ ಾೕನ ಾ^ೆ ಕಲಂ.9 ಮತು> 10 ಅ!ಯ/0 ,ೋFೕG +,ಾಂಕ.18/12/42 ರಂದು ೕಡ=ಾದು ಅದು ಭೂ ಾ/ೕಕ?3ೆ _ಾ?Oಾತು>. ಸದ? &ೂೕಷ(ೆಯಂ6ೆ +,ಾಂಕ.28/12/43 ರಂದು ಅಾB ಅನು2ೕದ,ೆ ಆರುತ>ೆ. ಅದರಂ6ೆ ಭೂ ಾ/ೕಕ9ಾದ @ಾಂಡುರಂಗ 3ಾಯ ಾB ರವ?3ೆ ರೂ.429 ರೂ 12 ಅ(ೆ ರೂಗಳನುJ 4 ಎಕ9ೆ ಗುಂ ೆ ಜೕ3ೆ ಪ?HಾರವನುJ ನಗಾ ಸK ಪMೆದು @ಾವNOಾರುವPದು ಾಖ=ೆಗRಂದ ವಕ>ಾಗುN>ೆ. ಉಪSTಾ3ಾಾ?ಗಳU, Yವ2ಗZ ಸV !SಜW, Yವ2ಗZ ರವರ ಕXೇ?ಯ ಭೂ ಾೕನ ಪ;ಕರಣ ಸಂ*ೆ LAC 118-119/1948-49 ರಂ6ೆ Yವ2ಗZ 6ಾಲೂ0ಕು, ಭಾ;ವN HೋಬR, ಭಾ;ವN 3ಾ;ಮ .ಸನಂ 74 ರ/0 0-07 ಗುಂ ೆ ಮತು> 214/2ಎ ರ/0 0-07-08 ಗುಂ ೆ ಒಟುa 0-14-08 ಗುಂ ೆ ಜೕನು =ೋೋಪbೕ ಇ=ಾ*ೆ3ೆ ಸಾರದ ಆೇಶ ಸಂ*ೆ P.W.D - 14 - NC: 2025:KHC:7935 WP No. 18492 of 2024 901-4 +,ಾಂಕ. 16/3/48 ರಂದು ೕ!ದ ಮಂಜೂ9ಾN ಆೇಶದಂ6ೆ ಭೂ ಾೕನ ಪ!"ೊಳ$ಲು Hೊರ!"ದ ಅಸೂಚ,ೆ +,ಾಂಕ.29/7/48 ರಂದು 7ೖಸೂರು 9ಾಜ ಪತ;ದ Tಾಗ III (1) ಪPಟ ಸಂ*ೆ 602 ರ/0 c.ಆ c Xಾನd ಾಣೆ ಭೂ ಾೕನ ಪ!"ೊಳ$=ಾತು>. ಸದ? ಅಸೂಚ,ೆಯ/0 ಸ.ನಂ 214/2 ರ/0 0-07-08 ಗುಂ ೆ ಜೕನು ಭೂಾೕನ ಪ!"ೊಂಡು ಭೂ ಾೕನ ಾ^ೆ ಕಲಂ 9 ಅ!ಯ/0 ೌW ಮು"@ಾ/F ೌfd ಭಾ;ವNಯವ?3ೆ +,ಾಂಕ.4/9/48 ರಂದು NಳUವRೆ _ಾ?Oಾರುತ>ೆ. +,ಾಂಕ 14/10/1948 ರಂದು ಟ;ಜ? ಅgೕಸ ಮೂಲಕ ಪ?Hಾರ ೌW ಮು"@ಾ/F ೌfd ಭಾ;ವNಯವ?3ೆ @ಾವNOಾತು>". 11. That the aforesaid information and the details found in the order passed by the Respondent -Assistant Commissioner are based on the records which he has obtained from the concerned authorities. Clearly from the year 1966-67 onwards there has been full fledged functioning of Offices belonging to Revenue Department, Magistrate Court and Court Complex etc., 12. Interestingly on a query by this Court learned counsel for the petitioners does not dispute the existence of these buildings ever since the dates mentioned in the order of Assistant Commissioner. If that be so, innocent pleading being urged by the petitioners of they not being aware of utilization of the land until year 2005 -2006 raises a serious doubt about the - 15 - NC: 2025:KHC:7935 WP No. 18492 of 2024 bonafides of the petitioners. It cannot be expected persons like petitioners not knowing about these buildings coming into existence and functioning for over 75 years. Perhaps first of the buildings was constructed even before the birth of the first petitioner as his age is shown as 67 years in the cause title of this petition which is of the year 2024. Whereas the first of the buildings apparently has been put up in the year 1952. 13. Details found at para 13 extracted hereinabove would indicate compensation has been paid/ received by the father of the petitioners in LAC No.65/42-43 and LAC 66/42- 43. Demand with vehemence by the counsel for petitioners for a direction to the respondent- authorities to furnish the documents regarding the said proceedings apart from being unreasonable is unrealistic. Given the fact that the land has been openly used by the respondent -State for the public purposes, merely because, the name of father of the petitioners is reflected in the Gazette notification at Annexure-E in the column of kathedar, same does not give any right for the petitioners to re-open and otherwise concluded acquisition proceedings. Nonetheless, name of the occupant mentioned therein is of the Municipality of Bhadravathi who is one of the - 16 - NC: 2025:KHC:7935 WP No. 18492 of 2024 parties in the acquisition proceeding in LAC No.118-119/1948- 49 as found at page 13 of the order passed by the respondent - Assistant Commissioner. 14. It is not the case of respondent- authorities that they are utilising the property without process of acquisition. Roving enquiry as sought for by the petitioners to the details of the acquisition proceedings cannot be undertaken at the whims and fancies of the petitioners who have come to this Court after lapse of more than 75 years, that too pleading innocent and ignorance. 15. In the light of aforesaid factual aspect of the matter and the detail order passed by the respondent - Assistant Commissioner found at Annexure-C, this Court do not see any reason to interfere with the same. Petition lacks merit apart from being liable to be dismissed for delay and laches. Petition is accordingly dismissed. Sd/- (M.G.S. KAMAL) JUDGE RU, List No.: 1 Sl No.: 11