K. CHANDRU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The short grievance of the petitioner is as to non- payment of compensation in respect of his land which has been put to use by the authorities sans acquisition process.

(2.) In support of his contention learned counsel for the petitioner heavily banks upon the decision of this Court in (2019(3)KAR.LJ 795) P.G. BELLIAPPA vs Commissioner, BDA contending that is gross violation of his right to property guaranteed under Article 300(A) of the Constitution and therefore a direction for payment of the compensation needs to be issued.

(3.) Learned AGA appearing for the respondents opposes the petition contending that whether the land in question has been utilized or not is a pure question of fact and ordinarily disputed facts are not adjudged in the Writ jurisdiction and therefore petitioner should be relegated to ordinary Civil Court.