SUBRAYA BHAT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS petition is by the landlord. Suffice it to note the lands held by him vested with the State Government under Section 44 of the Karnataka Land Reforms Act, 1961. The Tahsildar-respondent 2 determines the amount payable to the petitioner at RS.1,08,453.00 with interest at 5.5% p.a. The petitioner was aggrieved by the interest awarded at the rate of 5.5% and he questions the same before the Assistant Commissioner. The Assistant Commissioner, having regard to the decision rendered by this Court in W.P. No. 20929 of 1992, decided on 1-7-2000 directed the Tahsildar to consider the claim of the petitioner with reference to the decision therein. It appears, the second respondent did not consider the said direction for considerable period of time. Hence, legal notice was issued. Thereafter, an endorsement was issued. A copy of which is produced at Annexure-A indicating that the petitioner is not entitled for the benefit of the said orders as he was not a party to those proceedings.

(2.) MR . Ravi Shankar Shastry, learned Counsel for petitioner submits that the petitioner is aggrieved only by the non-awarding of interest at the rate of 16.66%. The difference being 11.16%.

(3.) I am of the view that the impugned endorsement issued by the second respondent cannot be sustained. What is required to be followed by the second respondent was the ratio laid down by this Court in identical cases. The fact that the petitioner was not a party to the earlier writ petition does not necessarily disentitle him in getting interest at the rate of 16.66% on the amount, which was payable to him. Indeed, it is to be noticed that the land vested with the Government on 1-3-1974. Occupancy rights have been granted.