LAWS(KAR)-2023-5-547

GURUSIDDAYYA Vs. CHANDRASHEKHAR NAYAK

Decided On May 24, 2023
Gurusiddayya Appellant
V/S
Chandrashekhar Nayak Respondents

JUDGEMENT

(1.) The complainants are the legal heirs of Sri Veerabadrayya, who owned land measuring 1 acre 1 gunta in present Sy.No.95/3, previously 95/A (95/1+4) of Ragalparvi Village, Taluka Sindhanur and District Raichur [the subject property]. The writ petition by these complainants in W.P.No.201289/2022 is disposed of by the order dtd. 20/6/2022 directing the first and second respondents to consider their representations, and their representations are in the light of this Court's order in RFA No.200020/2014.

(2.) In response to the initiation of these contempt proceedings, the first respondent [the Deputy Commissioner, Raichur] has filed compliance affidavit. It is seen from this affidavit that after this Court's order in the aforesaid writ petition No.201289/2022, proceedings are initiated for acquisition of the subject property and the District Health and Family Welfare Department, Raichur has deposited a sum of Rs.13,00,000.00 as compensation payable towards acquisition of this property with further communication for publication of necessary notification under Sec. 11(1) of the Land Acquisition Act, 2013.

(3.) The contempt proceedings in the light of these circumstances must be closed. At this stage, the learned counsel for the petitioners submits that the acquisition proceedings are initiated in the name of Sri.Veerabadrayya and it should have been in the name of the petitioners as Sri.Veerabadrayya is no more and they have succeeded to the property. It would suffice to observe that it always would be upon to petitioners to make necessary request in this regard upon issuance of notification under Sec. 11(1) of the Land Acquisition Act. With liberty as aforesaid the proceedings are dropped.