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2009 Supreme(Kar) 373
High Court of Karnataka (Circuit Bench At Dharwad)
THE HONOURABLE MR. JUSTICE D.V. SHYLEDNRA KUMAR & THE HONOURABLE MR. JUSTICE K.N. KESHAVANARAYANA
Syed Hameed Sab, Since dead by his LRs & Others
Versus
The Secretary, Grama Panchayat & Others
WRIT APPEAL NO.2416 of 2007
Decided on : 17-06-2009
For the Petitioners:R.M. Kulkarni, Advocate.
For the Respondents: K.B. Adhyapak, Addl, Government Adv.
Headnote:CONSTITUTION OF INDIA - Article 226 & 227: [D.V.Shylendra Kumar & K.N. Keshavanarayana, JJ] Writ Jurisdiction - Grant of damages - Whether a petition for damages, can be examined in writ Jurisdiction? - Held, No. Writ Petition is in the nature of a petition for claiming damages, which is stale petition and at any rate, a petition for damages is not one to be examined in Writ Jurisdiction particularly, if it is coming after 45 to 46 years, after the cause of action.
CONSTITUTION OF INDIA - Article 300A: [D.V.Shylendra Kumar & K.N. Keshavanarayana, JJ] Compensation - Held, It is not made clear, as to what kind of property was owned by the father of the appellants, and what other manner of the property is taken over by the State Government, to attract the provisions of Article 300A of the Constitution of India.
KARNATAKA LAND REVENUE ACT, 1964 - Section 136(2): [D.V.Shylendra Kumar & K.N. Keshavanarayana, JJ] Whether the order of the Assistant Commissioner dated 28.02.06, can be sustained? - Held, Assistant Commissioner has stated in his order dated 28.02.06, that he has collected opinion of the local residents to enable the present appellants to get suitable compensation from the concerned department, under the Land Acquisition Act, 1894, which is not within his jurisdiction and has no competency or authority to make any observations or, even to pass order, with regard to the aspect of granting compensation, for the lands acquired under the Land Acquisition Act, 1894.
LAND ACQUISITION ACT, 1894 - Section 11 & 12: [D.V.Shylendra Kumar & K.N. Keshavanarayana, JJ] Compensation - Whether the appellants herein, are entitled to award of compensation of the lands in question? - Held, The very claim of compensation by the appellants herein is false, frivolous and stale, made by the so-called legal heirs of the deceased person, who in his life-time had given the land for public use under the ’Bhoodan’ movement, and has not agitated for its return during his lifetime.
1. This is a very ambitious appeal preferred under Section 4 of the Karnataka High Court by the very writ petitioners in W.P.No.10388/2007, who are not satisfied with the chance success they found with the order of the learned Single Judge dated 12th November 2007 passed in the writ petition in their favour and, in fact, got much more than what they had bargained in the writ petition, the writ petitioners, nevertheless, being not satisfied have come up with this appeal praying for setting aside the order dated 12.11.2007 and to allow the writ petition granting the prayer as prayed in the writ petition.
2. The brief facts which constitute the background to this appeal and the writ petition are.-
The writ petitioners claim to be the legal heirs of one Syed Hameed Sab, who it was pleaded was the owner of the agricultural lands to an extent of 8 acres in Sy.No.548 of Chikka Jantakal Village of Gangavathi Taluk in Koppal District.
It is the version of the appellant-writ petitioners that the subject land, while was in the possession and ownership of their father Mr.Syed Hameed Sab till the year 1960-61, thereafter, it had been used for the purpose of establishing Harijan Colony and was taken over by the Government for rehabilitating the landless persons belonging to the Harijan community and under the Ashraya Scheme for providing house sites to the landless and deprived class of persons.
It is the further version that he revenue entries in the revenue records from the year 1963 indicated that the land was in the possession and ownership of Syed Hameed Sab, D/o Ameensab and it had been acquired by the Government for being used as Harijan Colony and was being used for such purpose; that in terms of the order dated 28.02.2006 passed by the Assistant Commissioner, Koppal Sub-Division, Koppal, in exercise of his appellate jurisdiction under Section 136(2) of the Karnataka Land Revenue Act, it had been ordered that the names of the appellant therein-the present writ petitioner claiming to be legal heirs of Syed Hameed Sab-are to be entered in column no.9 of the RTC, and further in terms of a resolution of the Grama Panchayat, Chikka Jantakal and based on the affidavits given by the Secretary of this Gram Panchayat and the Chief Executive Officer of the Taluka Panchayat, Gangavathi, that if no compensation had been paid in respect of the subject land for the same having been acquired by the Government, having regard to the pathetic condition in which the appellants were placed, it was proper to provide them suitable compensation which was the opinion of the general public in the village and it was reflected in the affidavits of the Secretary of the Grama Panchayat and the Chief Executive Officer of the Taluka Panchayat, Gangavathi. On the basis of the admissions made by these Officers and in view of the order, the writ petition was presented claiming compensation for acquisition of the subject land with the following prayer.
“IV. PRAYER:
Wherefore, the petitioners pray that this Hon’ble Court be pleased to:
.(i) DIRECT the respondents to initiate the acquisition proceedings in respect of land bearing Sy.No.548 measuring 8 acres situated at Chikka Jantakal Village of Gangavathi Taluk, Koppal District,
.(ii) DIRECT the respondent to determine and pay the compensation in respect of the land bearing Sy.No.548 measuring 8 acres situated at Chikka Jantakal Village of Gangavathi Taluk, Koppal District;
.(iii) GRANT such other relief/s as deems fit in the circumstance of the case and allow the writ petition with cost, in the interest of justice and equity.
.V. INTERIM PRAYER:
WHEREFORE, the petitioner prays that this Hon’ble Court be pleased to direct the respondents to pay an Interim compensation of Rs.25,00,000/-to the petitioners forth with, pending disposal of the above writ petition on merits, in the interest of justice and equity.”
The learned single Judge, who had occasion to examine this writ petition and the learned Government A
