- 1 - NC: 2025:KHC:4522 WP No. 13300 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 13300 OF 2023 (LA-RES) BETWEEN: C. RUDRAMUNIYAPPA LATE R. CHANNAVEERAIAH, AGED ABOUT 88 YEARS, NEAR KSRTC, CHURCH STREET, CHITRADURGA TOWN. …PETITIONER (BY SRI. MANJUNATH N D.,ADVOCATE) AND: SPECIAL LAND ACQUISITON OFFICER BHADRA UPPER PROJECT, NEAR D.C OFFICE, CHITRADURGA TOWN. …RESPONDENT (BY SRI.SPOORTHY HEGDE N.,HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 03.06.2023 ISSUED BY THE RESPONDENT IN SAN.VI.BHU.SWA/BHA.ME.YOO/ C.R- 3/2019-2020 PER AS PER ANNEXURE-E. DIRECT THE RESPONDENTS TO PASS AWARD OF COMPENSATION ALONG WITH ALL STATUTORY BENEFITS FOR THE ACQUIRED A KARAB LAND MEASURING 2 ACRES AND 39 GUNTAS, IN SY.NO. 13/1A OF GONUR VILLAGE OF CHITRADURGA TALUK. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4522 WP No. 13300 of 2023 ORAL ORDER The petitioner being aggrieved by the endorsement dated 03.06.2023 issued by the respondent as per Annexure –E is before this Court seeking the following reliefs: 1) Issue a writ in the nature of Certiorari by quashing Endorsement dated 03.06.2023 issued by the respondent in SAN: VI.BHU.SWA/BHA.ME.YOO/C.R-3/2019-2020 per as per Annexure-E. 2) Issue a writ in the nature of Mandamus by directing the respondents to pass award of compensation along with all statutory benefits for the acquired 'a' karab land measuring 2 acres and 39 guntas, in Sy.No.13/1a of Gunur village of Chitradurga Taluk. 3) Issue any other appropriate Writ, order of directions as this Hon'ble Court deems fit to under the facts and circumstances of the case, to meet the ends of justice and equity. 2. The case of the petitioner is that his ancestors were in possession and enjoyment of land in Sy.No.13/1a situated at Gonur village, Chitradurga Taluk totally measuring 8 acres 7 guntas. That out of the said extent, 7 acres 10 guntas is classified as 'A' kharab land. However, the petitioner having succeeded to the said property is in possession and cultivation of entire extent of land. It is the further the case of the petitioner that out of the said 8 acres and 7 guntas the - 3 - NC: 2025:KHC:4522 WP No. 13300 of 2023 respondent had acquired an extent of 3 acres 26 guntas of land for the purpose of Upper Bhadra Project. That a final award has been passed by the respondent as per Annexure–B on 20.07.2022, in which, the respondent has classified 2 acres 39 guntas of land out of 3 acres 26 guntas acquired land as 'A' kharab land and has proceeded to award the compensation in favour of the petitioner only to an extent of 27 guntas of land and that by the impugned endorsement compensation in respect of land measuring 2 acres and 39 guntas which is classified as 'A' karab land has not been granted and that by the impugned endorsement at Annexure-E respondent-SLAO has stated there is no provision under law for grant of compensation in respect of any karab land. Aggrieved by this, the petitioner is before this Court seeking the reliefs as above. 3. Learned counsel for the petitioner taking this Court through the records and also various orders passed by the Co- ordinate Bench of this Court, vehemently contends that since even according to the respondent, out of 3 acres 26 guntas of land an extent of 2 acres 39 guntas of land is classified as 'A' kharab land, respondent ought to have granted compensation to the entire extent of 3 acres 26 guntas of land to the - 4 - NC: 2025:KHC:4522 WP No. 13300 of 2023 petitioner. He submits it has been consistently held by this Court that the person being owner in possession of the land which includes 'A' kharab land is entitled for all the benefits including the compensation in the event of acquisition of said extent of land as that of in the present case. He refers to the document at Annexure–J which is a letter issued by the petitioner addressed to the concerned Tahasildar wherein he has requested to reclassify the nature of land to an extent of 7 acres 10 guntas to be the arable/cultivable land and necessary revenue records be made in his name. 4. It is the further contention of the learned counsel for the petitioner that despite several follow ups and inter office communications from the Offices of the Village Accountant, Surveyor, Tahsildar, Assistant Commissioner etc., all of them recommending the Deputy Commissioner to grant the land as being sought for by the petitioner, the Deputy Commissioner has not taken any actions till date. He insists that the Deputy Commissioner is duty to bound to have at least communicated the status of the application filed by the petitioner as per Annexure-J. Thus he submits that the petitioner is before this Court being aggrieved by non-consideration of his application at - 5 - NC: 2025:KHC:4522 WP No. 13300 of 2023 Annexure-J by the Deputy Commissioner and he being entitled for a compensation even in respect of 'A' Karab land, which is admittedly acquired by the respondent-Authority for the purpose of 'Upper Bhadra Project'. 5. He refers to Sections 67(2), 68, 69 and 80 of the Karnataka Land Revenue Act, 1964 to buttress his submission that when a claim of this nature is made it is the duty of the Deputy Commissioner to have conducted the enquiry and pass appropriate orders. Since 'A' Karab land could not have been reserved for the public purposes and if it is not being used by the Government, it ought to have been released/relinquished in favour of the claimant/petitioner. Hence, seeks for allowing of the petition. 6. Per contra, learned HCGP appearing for the respondent-SLAO submits that as per the records furnished by the petitioner himself only an extent of 37 guntas of land in said Survey number is standing in his name. The Karab land, whether it is 'A' Karab or 'B' Karab, which form part of the rest of the land in the said survey does not belong to him, inasmuch as, admittedly the application seeking grant of land - 6 - NC: 2025:KHC:4522 WP No. 13300 of 2023 as per Annexure-J is still pending consideration. He submits that untill and unless the said application is considered in the manner known to law, petitioner even if he is entitled for benefit of 'A' Karab land, he cannot claim as a matter of right. He submits that even as per the records furnished by the petitioner, all the revenue officers including Tahsildar, Assistant Commissioner have indeed recommended for grant of land in his name, if it is found to be in accordance with law. He submits if the petitioner establishes his right, he would be entitled for grant of land and also for the consequential compensation. 7. Submissions taken on record. 8. Heard and perused the records. 9. Impugned endorsement as per Annexure-E reads as under: "ÀA:«.¨sÀÆ.¸Áé/¨sÀªÉÄÃAiÉÆÃ/¹Dgï-3/2019-20 ¢£ÁAPÀ :03.06.2023 -:»A§gÀºÀ:- «µÀAiÀÄ :- UÉÆãÀÆgÀÄ UÁæªÀÄzÀ ¸À.£ÀA.13/1J gÀ ¨sÀƸÁé¢üãÀ¥Àr¹PÉÆAqÀ ¥ÀÆwð 03-26 JPÀgÉ d«ÄäUÉ ¥ÀjºÁgÀ ¤ÃqÀĪÀ §UÉÎ. G¯ÉèÃR :- vÀªÀÄä ªÀÄ£À« ¢£ÁAPÀ :03.06.2023. ***** - 7 - NC: 2025:KHC:4522 WP No. 13300 of 2023 ªÉÄîÌAqÀ «µÀAiÀÄPÉÌ ¸ÀA§A¢ü¹zÀAvÉ ¨sÀzÁæ ªÉÄîÝAqÉ AiÉÆÃd£ÉAiÀÄr avÀæzÀÄUÀð ±ÁSÁ PÁ®ÄªÉ ¤ªÀiÁðtPÁÌV UÉÆãÀÆgÀÄ UÁæªÀÄzÀ ¸À.£ÀA.13/1J gÀ°è ²æà ¹ gÀÄzÀæªÀÄĤAiÀÄ¥Àà ©£ï ¯ÉÃ.J¸ï.Dgï.ZÀ£Àß«ÃgÀAiÀÄå gÀªÀgÀ ºÉ¸ÀjUÉ 03-26gÀ°è 02-39 JPÀgÉ "C" RgÁ§Ä eÁvÀ 00-27 JPÀgÉ d«ÄãÀÄ ¨sÀƸÁé¢üãÀ¥Àr¹PÉÆArgÀĪÀÅzÀÄ ¸ÀjAiÀĵÉÖ. PÁAiÀÄð¥Á®PÀ C©üAiÀÄAvÀgÀgÀÄ, «d¤¤, ¨sÀªÉÄÃAiÉÆÃ, avÀæzÀÄUÀð £ÀA.5gÀªÀgÀ eÉ.JA.¹ vÀBSÉÛAiÀÄ°è UÉÆãÀÆgÀÄ UÁæªÀÄzÀ j.¸À.£ÀA.13/1J gÀ°è ²æà ¹.gÀÄzÀæªÀÄĤAiÀÄ¥Àà ©£ï ¯ÉÃ.J¸ï.Dgï.ZÀ£Àß«ÃgÀAiÀÄå gÀªÀgÀ ºÉ¸Àj£À°ègÀĪÀ d«Ää£À°è 03-26 JPÀgÉAiÀÄ°è 02-39 JPÀgÉ "C" RgÁ§Ä eÁvÀ 00-27 JPÀgÉ d«ÄãÀÄ ¸Áé¢üãÀ¥Àr¹PÉƼÀî®Ä PÉÆÃjgÀÄvÁÛgÉ. CzÀgÀAvÉ PÀ®A-19(1)(2)gÀ gÁdå¥ÀvÀæzÀ°è ¥ÀæPÀlPÉÆArzÀÄÝ CzÀgÀ£ÀéAiÀÄ CªÁqïð vÀAiÀiÁj¹ ¸ÀPÀëªÀÄ ¥Áæ¢üPÁgÀ¢AzÀ FUÁUÀ¯Éà C£ÀĪÉÆÃzÀ£É ¥ÀqÉAiÀįÁVzÉ. AiÀiÁªÀÅzÉà RgÁ§Ä d«ÄäUÉ ¥ÀjºÁgÀ ¤ÃqÀ®Ä PÁ£ÀƤ£À°è CªÀPÁ±À EgÀĪÀÅ¢®è JA§ CA±ÀªÀ£ÀÄß w½¸ÀÄvÁÛ vÀªÀÄä CfðAiÀÄ£ÀÄß «¯É¥Àr¹ »A§gÀºÀ ¤ÃrzÉ. vÀªÀÄä «±Áé¹ ¸À»/- «±ÉõÀ ¨sÀƸÁé¢üãÁ¢üPÁj ¨sÀzÁæ ªÉÄîÝAqÉ AiÉÆÃd£É avÀæzÀÄUÀð. EªÀjUÉ ²æà ¹ gÀÄzÀæªÀÄĤAiÀÄ¥Àà ©£ï ¯ÉÃ.J¸ï.Dgï.ZÀ£Àß«ÃgÀAiÀÄå PÉ.J¸ï.Dgï.n.¹ r¥ÉÆà gÀ¸ÉÛ, ZÀZïð §qÁªÀuÉ avÀæzÀÄUÀð" 10. Petitioner claims to be in possession and enjoyment of entire extent of land measuring 8 acres 07 guntas of which 7 acres and 10 guntas has been classified as 'A' karab land. On a repeated query by this Court, learned counsel for the petitioner, except pointing out to the documents produced at Annexure-A series and document produced at Annexure-U, he - 8 - NC: 2025:KHC:4522 WP No. 13300 of 2023 is unable to point out the basis of his claim for ownership and the actual extent of land being in possession of the petitioner. However in this petition, the petitioner on the one hand claims that his ancestors have been in possession of the subject land and on the other hand he claims that his father had purchased the same. Perusal of the records at Annexure-A series, would indicate out of total extent of 8 acres and 07 guntas of land, an extent of 7 acres and 10 guntas is shown as foot karab land and only an extent of 37 guntas of land is shown against the name of the petitioner. 11. Learned counsel for the petitioner referring to his application produced at Annexure-U, however submits that the petitioner has now made an application seeking rectification of the revenue records by reclassifying the extent of 7 acres and 10 guntas of karab land as cultivable land and thereafter to grant the same in favour of the petitioner. He submits that said application is still pending consideration, which ought to have been considered in terms of Sections 67(2), 68, 69 and 80 of the Karnataka Land Revenue Act, 1964. Thus as rightly pointed out by the learned HCGP, it is evident and clear that - 9 - NC: 2025:KHC:4522 WP No. 13300 of 2023 the land to an extent of 8 acres and 7 guntas, has neither been granted nor regularized in the name of the petitioner. 12. The award passed by the respondent produced at Annexure-B would indicate that a total extent of 3 acres and 26 guntas of land has been acquired, of which 2 acres and 29 guntas of land is shown as karab land and as such to an extent of 26 guntas of remaining land, which according to the respondent belonged to the petitioner, compensation has been awarded. 13. The vehement submission of learned counsel for the petitioner is that since even according to the entries made in the said award as well as in the very endorsement impugned in this case, the respondent-Authorities have admitted the classification of the land to be 'A' Karab, atleast they ought to have granted the compensation to the entire extent of 3 acres and 26 guntas in the name of the petitioner, in view of the settled position of law referred to in the judgments enclosed to the writ petition. The said arguments and contentions cannot be countenanced at this juncture, inasmuch as even according to the petitioner his application for grant of land to an extent of - 10 - NC: 2025:KHC:4522 WP No. 13300 of 2023 8 acres and 7 guntas is still pending consideration. It may be that as and when his application is considered and grant is made, he may seek the relief as sought for. 14. Since the petitioner has not produced any records to justify his claim of he being the owner of the land to entire extent of 8 acres and 7 guntas and even according to petitioner his application at Annexure-J is still pending consideration, the petitioner cannot at this juncture be held to be owner in possession of the entire extent of land, his possession however, as claimed by him is subject to consideration of the said application at Annexure-J. 15. Heavy reliance placed on by the learned counsel for the petitioner on the orders passed by the Co-ordinate Bench of this Court are of no avail. Though there cannot be any dispute with regard to principles of law laid down in those cases, But the fact remains, all those cases have been decided, reliefs in those cases have been granted to the petitioners therein on they being the owners of the land subject matter of those petition. In the instant case, since the petitioner admittedly has not been granted the right in respect of the land being - 11 - NC: 2025:KHC:4522 WP No. 13300 of 2023 claimed, his plea for grant of compensation in respect of the 'A' Karab land at this juncture cannot be considered. 16. With the above observation, petition is disposed of. Reserving liberty to the petitioner to reagitate/revive his claim as and when his application produced at Annexure-J is considered and the land is granted as sought for by him. 17. At this juncture, learned counsel for the petitioner prays necessary directions be issued to the respondent- Authority to consider his application at Annexure-J expeditiously as he has been awaiting for the necessary orders in the matter. 18. Learned HCGP submits that given sometime the application filed by the petitioner will be considered in accordance with law. 19. In that view of the matter, notwithstanding the disposal of the petition for the reasons stated above. The respondent-Authority shall consider the application filed by the petitioner as per Annexure-j as expeditious as possible and pass appropriate orders one way or the other within an outer - 12 - NC: 2025:KHC:4522 WP No. 13300 of 2023 limit of six months from the date of receipt of certified copy of this order and communicate the same to the petitioner. 20. Registry to return the records along with the copy of this Order forthwith by placing the photo copies of the same on record. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 7