LALITHA DEVI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The unsuccessful petitioners have filed this intra court appeal challenging the order dtd. 21/10/2021 passed by the learned Single Judge of this Court in W.P.No.36207/2019.

(2.) Heard the learned Counsel for the parties and also perused the material on record.

(3.) Facts leading to the filing of this appeal narrated in brief are, the appellants claim to be the co-owners in respect of portions of property bearing Sy. No.78/3 measuring 32 guntas and 6 guntas, respectively, having purchased the same under two separate sale deeds dated 04. 11.2004 and 8/12/2004. It is their case that the respondents have taken forcible possession of the portions of the aforesaid property for the purpose of forming the road and no compensation has been paid to them. It is under these circumstances, they had given representation dtd. 5/7/2019 to the respondents, which was not considered, and therefore, the appellants had approached this Court in W.P.No.36207/2019 seeking a writ of mandamus to consider their representation dtd. 5/7/2019 and also to issue a writ of mandamus directing the respondents to hold a joint survey of the property belonging to the appellants so as to ascertain the area which has been taken over by the respondents illegally and further to issue a writ of mandamus directing the respondents to pay compensation to the appellants under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.