R.PADMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners are knocking at the doors of Writ Court seeking quashment of two orders both dtd. 21/9/2015 passed by the 2nd Respondent - Karnataka Housing Board whereby they were asked to make payment of 'Guidance Value', if they wanted reconveyance of scheduled lands in their favour. Both the learned counsel appearing for the petitioners submit that in similar matters Respondent - Housing Board, has reconvyed the lands to other land owners after getting the sale price back with some interest and therefore, their clients cannot be discriminated against as if they are the children of the stepmother. So contending, they seek indulgence of the Writ Court.

(2.) Learned AGA appearing on behalf of Respondent - State and the learned panel counsel appearing for the Housing Board opposed the Petitions making submission in justification of the impugned orders. They contend that admittedly the Petitioners having sold their properties and having received the agreed price, they cannot now seek reconveyance in the absence of a condition of enablement in the Conveyances or the law giving such a right. Learned AGA adds that, in matters like this there is no justiciable right which arguably may avail where properties are taken by compulsory purchase under the Land Acquisition laws. So contending, they seek dismissal of the Writ Petitions.

(3.) Both the cases are taken up together with the concurrence of the Bar since they have substantially common fact matrix and relief columns. Having heard the learned counsel for the parties and having perused the petition papers, this Court declines indulgence in the matter broadly agreeing with the submission made by the learned AGA and the Panel Counsel.