R. SUBRAMANYA, SMT. S. GEETHA, SRI B.R. MALLIKARJUN AND SRI B.R. SUBHASH Vs. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY AND OTHERS

JUDGEMENT

(1.) THE petitioners in these writ petitions, are challenging the endorsement dated 17.7.2003 issued by the 3rd respondent -Deputy Commissioner. The grievance of the petitioners in these writ petitions is that 4 acres of land bearing Sy. No. 78 (New No. 108) of Nidagodu village was granted in favour of Sri Nagappa s/o. Nachimuthu on 14.7.1961. The petitioners purchased the said 4 acres of land from Nagappa and others as per registered sale deed dated 9.2.1998. After purchase, the petitioners came to know that the land, which was granted to the said Nagappa was granted for construction of Government First Grade College alongwith land bearing Sy. Nos. 82 and 84 in all measuring 28 acres as per order dated 27.11.1984. Further the Government First Grade College building was constructed on the said property and the entire property was fenced. In view of that, the petitioners made an application for grant of vacant land in Sy. No. 82. The said application was rejected by the 3rd respondent as per the endorsement dated 17.7.2003 vide Annexure -E. Being aggrieved by the said endorsement, the petitioner preferred Appeal Nos. 1063 to 1066/2003 before the Karnataka Appellate Tribunal. The Tribunal after considering the matter in detail found that though 4 acres of land in Sy. No 78 (New No. 108) of Nidagodu village was granted in favour of Nagappa, the very same land was granted for construction of Government First Grade College in the year 1984 -85 and the Government First Grade College was constructed without acquiring the land from the said Nagappa. The petitioners are the bonafide purchasers of the said land from Nagappa under the registered sale deed dated 9.2.1998. Taking note of these aspects of the matter, a direction was issued to the. concerned Authorities to consider the application of the petitioners for grant of an alternative land. The land has already been taken over for construction of Government First Grade College without acquisition and paying compensation. The petitioners being aggrieved by the said order have preferred these writ petitions.

(2.) ON the other hand, Sri Ramachandra R. Naik, learned Government Pleader appearing for the respondents argued in support of the order passed by the Deputy Commissioner as well as the Karnataka Appellate Tribunal, since the land, which was granted to the petitioners, had been utilized by the State Government for construction of Government First Grade College that is for public purpose and sought for dismissal of the writ petitions.

(3.) THE records clearly disclose that 4 acres of land granted in favour of Nagappa s/o. Nachimuthu in the year 1961 was once again granted for construction of Government First Grade College in the year 1984 -85. While allotting the land to the Government First Grade College, no notice was issued to the said Nagappa nor compensation has been paid. The petitioners without knowledge of the same purchased the property from Nagappa on 9.2.1998 paying valuable sale consideration. Then only they came to know that the land was granted to the Government First Grade College. The application made for grant of alternative 4 acres of land in Sy. No. 82 has been rejected by the 3rd respondent. The Tribunal taking note of this aspect of the matter held that before dispossessing Nagappa, no compensation has been paid and the said Nagappa sold the property to the petitioners and directed the government Authorities to consider the application for grant of alternative land sympathetically. I find that there is no infirmity or irregularity in the said direction. Long after the grant of land and construction of Government First Grade College, the petitioners have purchased the property. The property bearing Sy. No. 82 has already been granted for construction of Government First Grade College. Therefore, the said land cannot be allotted to the petitioner. If the petitioners make any application seeking for grant of land, it is open to the government Authorities to consider the application of the petitioners for grant of alternative land sympathetically as expeditiously as possible not later than six months from the date of receipt of a copy of this order. With the above observation, the writ petitions stand disposed of.