VISHWANATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners, who claim to be the absolute owners of the land bearing Survey No.204 (204/2) measuring 3 acres situated at Jilversa village, Chincholi taluka, Kalaburagi district have preferred the instant writ petition seeking for the following reliefs:

(2.) Heard the learned counsel for the petitioners as well as the learned High Court Government Pleader appearing for the respondents.

(3.) It is the case of the petitioners that they are the absolute owners in possession of the aforesaid land bearing Survey No.204 (204/2) measuring 3 acres and as per the request made by the petitioners and considering the nature of cultivation of the said land, the same was granted to them in the year 2005 and accordingly, Saguvali Chits were also issued to the petitioners. Thereafterwards, the name of the petitioners were mutated in the revenue records of the land in question. When the matter stood thus, the land in question was acquired by the fourth respondent for the purpose of construction of percolation tank at Chindnur and Jilversa villages. Though in the preliminary notification, the petitioners name were shown, in the award, no compensation was awarded to the petitioners. The petitioners had therefore made a representation to the fourth respondent for awarding compensation to them and the same has been rejected vide Annexure-J dtd. 16/9/2014, wherein, the petitioners have been informed by the fourth respondent that the land in question is a phot kharab land and therefore, it belongs to the Government and no compensation can be awarded to the petitioners. Being aggrieved by the same, the petitioners are before this Court.