BABU Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) Sri.Koujalagi Chandrakant Laxman., learned counsel for the petitioner and Sri.Veeranagouda Malipatil., learned HCGP for the respondents have appeared in person.

(2.) The captioned Writ Petition is filed seeking Writ of Certiorari to quash the order dtd. 20/9/2022 passed by the Court of I Additional District and Sessions Judge, Vijayapura in LAC No.1795/2019 vide Annexure-C.

(3.) Learned counsel for the petitioner and the respondents have urged several contentions. Sri.Koujalagi Chandrakant Laxman., learned counsel for the petitioner in presenting his argument contended that the claimant is a poor agriculturist and illiterate person. Due to the Covid-19 pandemic, he was unable to attend Court regularly. Hence, there is a delay in leading evidence and cooperating with the Court in conducting the proceedings. However, the Trial Judge has lost sight of the fact and erroneously without assigning any reasons has held that the claimant is not entitled to interest from the date of the evidence till the disposal of the petition. Hence, he submits that the order may be set aside. In reply, Sri.Veeranagouda Malipatil., learned HCGP for the respondents submitted that the claimant is not diligent in leading the evidence. He argued by saying that this is a case of payment of compensation and if the claimant/s protracts the proceedings and in case the claimant/s succeeds in the case, the State exchequer will be burdened for payment of compensation amount with interest. Hence, he sought to justify the order passed by the Trial Judge.