MAHADEVU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners herein have challenged the endorsements dtd. 28/5/2014 and 10/6/2010 issued by the respondent No. 2 produced as Annexure-A and B in the present writ petition, inter alia, sought for writ of mandamus directing respondent No. 2 to allot a site under incentive scheme implemented by respondent No. 2, in terms of the order dtd. 2/8/2014 in WP No. 49502 of 2013 and connected cases.

(2.) It is the case of the petitioners that, petitioners are the owners of land bearing Survey No. 13 measuring 5 acres in Nachanahalli village, Kasaba Hobli, Mysore Taluk and the said land has been acquired by respondent No. 2 in the year 1982-83 for the purpose of formation of Jayaprakash Narayan Layout and pursuant to the same, award was passed on 11/6/1982. It is further stated in the petition that there was a dispute regarding the ownership of land inter se within the family of the petitioners and as such, the Land Acquisition Officer, referred the matter to the Civil Court for adjudication of the rights of claimants and same was registered as LAC No. 138 of 1983. The said claim petition was concluded on 3/2/2005 holding that petitioners were the owners of the schedule land and as such, they are entitled for compensation. It is further stated in the petition that the petitioners have made representation on 24/6/2008 (Annexure-E) seeking allotment of incentive sites, being land-losers. It is further stated that the said representation was rejected by order dtd. 10/6/2010 (Annexure-B). It is the contention of the petitioners that in view of the law declared by this court in Writ Petitions No. 15648-650 of 1995 decided on 4/3/1998, the petitioners are entitled for incentive sites and same has been rejected by the respondent-Authority arbitrarily and accordingly, the petitioners presented this writ petition, challenging the order dtd. 10/6/2010 (Annexure-B) and Endorsement dtd. 28/5/2014 (Annexure-A) to this writ petition.

(3.) Respondents entered appearance. The statement of objection has been filed by respondent No. 2 contending that the respondent-Authority have not allotted incentive sites to any of the land owners of Nachanahalli village from whom the land has been acquired for the purpose of formation of Jayaprakash Narayan Layout in the year 1982-83. It is also the defence of the respondent-Authority that, no resolution has been passed by the respondent-Authority resolving to allot site on incentive basis as claimed by the petitioners and accordingly sought for dismissal of the writ petition.