The petitioner, who has staked a claim for

compensation upon acquisition of land in Sy No.51/1 of

Matthikere Village, Bhookanakere Hobli, K.R.Pete Taluk,

has sought for the following reliefs:

<a)

Issue a writ in the nature of certiorari to

quash the endorsement dated 19.11.2020 issued by

R1 bearing No.Sa.Ka.En/HenUV-10/Kikkeri/SA.No-

2/Matthikere/Bhu.Swa.Kharabu/251/2020-2021

as per Annexure-A, and

b)

To

direct

the

Respondents

to

pay

compensation to the petitioner for having acquired

28.4 guntas of land situated at Sy.No.51/1,

3

Matthikere Village, Bhookanakere Hobli, K.R.Pete

Taluk.=

2.

The

first

respondent

has

issued

the

impugned endorsement dated 19.11.2020 after this

Court9s order dated 11.01.2019 in W.P.No.53824-

53825/2018 [LA-RES]. The petitioner contends that

she is entitled for compensation for the total extent of

36 guntas in the aforesaid Sy. No.51/1 and she is

admittedly paid compensation only for the 6 guntas.

The present dispute is confined to the remaining extent

of 30 guntas. Initially, the petitioner is refused

compensation for this extent based on Minutes of

Meeting held on 23.03.2020, and after this Court9s

order dated 11.01.2019 in the aforesaid writ petition,

the claim for compensation for 30 guntas is rejected for

the reason which reads as under:

<CqÀUÉÆåà ¸ÀºÀ vÁªÀÅUÀ¼ÀÄ F PÀbÉÃjUÉ ¢£ÀAzÀ 06.10.2020gÀ°è

¸À°è¹gÀĪÀ ªÀÄ£À« ¥ÁvÀæzÀ°è ¸ÀªÉð £ÀA§gï 51/1 gÀ°è 0-30UÀÄAmÉ UÉ ¥ÀjºÁgÀ

¤ÃqÀ¨ÉÃPÉAzÀÄ PÉÆÃjgÀÄwÛÃj. ¸ÀªÉðAiÉÆgï ªÀgÀ¢AiÀÄAvÉ ¸ÀªÉð zÁR¯ÉAiÀiÁzÀ

4

DPÀgÀ§A¢£ÀAvÉ 51/1gÀ°è MlÄÖ «¹ÛÃtð 0-32.08 UÀÄAmÉ EzÀÄÝ. EzÀgÀ°è 0.25

UÀÄAmÉ <D= RgÁ§Ä ªÀÄvÀÄÛ 0-01.08 <§= RgÁ¨ï EzÀÄÝ. G½zÀ ¨ÁQ 0-06

UÀÄAmÉUÉ FUÁUÀ¯Éà ¥ÀjºÁgÀ ¥ÀqÉ¢gÀÄwÛÃj=.

3.

Sri. Nagendra Naik R., learned counsel for

the petitioner, submits that with the first respondent

admitting that an extent of 25 guntas is 8A9 kharab land,

the

petitioner

could

not

have

been

refused

compensation for this extent. The premise that even 8A9

kharab land is a Government land is contrary to the

decision of this Court in Sadashivaiah and Ors Vs.

State of Karnataka and Ors¹. Sri. Nagendra Naik R.

submits that this Court therefore must direct the first

respondent to pay compensation for the undisputed 8A9

kharab extent of 25 guntas with liberty to the petitioner

to

pursue

remedy

with

the

respondents

after

appropriate decision by the Jurisdictional Deputy

Commissioner insofar as the remaining 5 guntas of

land.

1 ILR 2003 KAR 5088

5

4.

Sri. C.N.Mahadeshwara, learned Additional

Government Advocate does not controvert that the

enunciation of law by this Court in Sadashivaiah and

Ors (supra) would apply to the present case insofar as

25 guntas of land which is admittedly 8A9 kharab.

Insofar as the controversy about the extent of 8B9 kharab

and the petitioner9s claim for compensation thereto, the

learned Additional Government Advocate submits that

in view of the discrepancy in the measurement as

mentioned in the Minutes of Meeting on 23.03.2020 and

Annexure-A, the petitioner may be given liberty to file

appropriate

representation

with

the

Jurisdictional

Deputy Commissioner with further liberty to the

petitioner to approach for additional compensation if it

is decided by the Jurisdictional Deputy Commissioner

after hearing the petitioner and the first respondent that

the remaining extent viz., 5 guntas is also 8A9 kharab.

6

5.

Sri. K.S.Bheemaiah, learned counsel for the

first respondent, is categorical in his submission that

compensation for 6 guntas is paid in view of the

decision of the Competent Authority as recorded in the

Minutes of Meeting held on 23.03.2020 and because

even 8A9 kharab land would not be under cultivation and

not assessed for taxes, the same must be treated as

Government land. Insofar as the petitioner9s claim for

interest, Sri. K.S.Bheemaiah submits that the first

respondent, though the beneficiary, cannot be saddled

with the responsibility of paying interest as the first

respondent

has

bonafide

paid

undisputed

compensation.

6.

This Court on the previous hearin