CHANNABASANNAGOUDA Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to issue a writ of mandamus, directing the respondent authorities to consider the legal notice dated 29.12.2012 produced at Annexure-C and consequently, direct the respondents to conduct a fresh survey with regard to acquisition of land to the extent of 29 guntas in order to ascertain the exact acquired area in Sy.No.121/G of Nagadadinni village and pay the compensation in accordance with law.

(2.) The case of the petitioner is that, he is the owner of agricultural land bearing Sy.No.121/G measuring 6 acres situated at Nagadadinni village, Deodurga Taluk, out of which one guntas of land has been acquired by the respondents under 4(1) notification dated 18.12.1995 vide Annexure-A for the purpose of formation of extension of 94 Distributory Canal. It is the further case of the petitioner that even though one guntas of land has been acquired, the respondents have utilized 30 guntas of land without paying any compensation to the remaining extent of 29 guntas. Therefore, the petitioner has given number of representations to the respondents. Since the respondents have not considered the same, finally he has given a legal notice dated 29.12.2012 vide Annexure-C. Since the same is not considered by the respondents, the petitioner is before this Court.

(3.) Smt. Anuradha M. Desai, learned Government Advocate appearing for the respondents submits that Annexure-C, legal notice will be treated as representation and the same will be considered in accordance with law within a reasonable time.