SANGRAMAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN this writ petition, petitioner is seeking a writ of mandamus against the second respondent ­ Deputy Commissioner, Dist: Bidar, directing him to consider the objection filed by the petitioner on 07.05.2012 against the proposed construction of Water Tank in the land bearing Sy.No.9 measuring 10 acre 39 guntas situated at Hallikhed (B) village and to pass suitable orders thereon. Petitioner has also sought for issue of a writ of mandamus against the authorities prohibiting them from constructing the water tank in his land without duly acquiring the same as per the provisions of the Land Acquisition Act.

(2.) IN view of the nature of the grievance made by the petitioner stating that the water tank was being illegally constructed in the land bearing Sy.No.9 absolutely owned by the petitioner without resorting to acquisition proceedings, the learned Government Advocate was directed to secure necessary instructions from the concerned officer and make his submission. Accordingly, on 12.10.2012, the Additional Government Advocate, on instructions from the Tahasildar, Humnabad, who was also present with the relevant records before the Court submitted that survey had been conducted and based on the same the construction of the water tank was undertaken in the land belonging to the Government comprised in Sy.No.4 and not in the land Sy.No.9 belonging to the petitioner.

(3.) NOW the Tahasildar, Humnabad ­ respondent No.3 herein has filed the statement of objections contending inter alia that he had enquired with the Deputy Project Manager, Jala Nirmala Project, Bidar and also with one Vishnukanth Malli, incharge of the project who informed him that that the water tank was being constructed over the land bearing Sy.No.4 of Village Hallikhed (B), which belongs to the Government and not in Sy.No.9 belonging to the petitioner. It is also contended inter alia that the writ petition itself is liable to be dismissed for not making the Zilla Panchayat, Bidar and Gram Panchayat, Hallikhed(B), as also the Jala Nirmala Project Officer as party respondents.