M. MUNIYAPPA Vs. COMMISSIONER

JUDGEMENT

(1.) The present petition has been filed seeking for issuance of writ of mandamus to direct the 2nd respondent to pass award by considering the representation dtd. 13/4/2023 and the documents enclosed along with the said representation in terms of the notice dtd. 22/7/2021. Petitioners have also sought for issuance of writ in the nature of mandamus to direct the respondent - Authority to accept the family tree issued by the jurisdictional Tahsildar declaring that the petitioners are the legal representatives of deceased Munihanumappa and M. Hanumaiah.

(2.) Learned counsel for the petitioners submits that Munihanumappa and M. Hanumaiah are the original kathedars of the property bearing Sy. No. 125/2 measuring to an extent of 2 acres 7 guntas situated at Kallathammanahalli Village, Hesaraghatta Hobli, Yelahanka Taluk, Bangalore District, which has been acquired for the purpose of formation of "Dr. Shivarama Karantha Layout" by the respondent - BDA. It is submitted that Munihanumappa and M. Hanumaiah died during the pendency of the acquisition proceedings and petitioners are their legal representatives. It is further submitted that petitioners have obtained a family tree issued by the jurisdictional Tahsildar and on the basis of such document, petitioners had requested the Land Acquisition Officer to pass an award, which however has not been considered. It is submitted that finally the said Land Acquisition Officer had addressed a communication to the Tahsildar to look into the matter and consider the claim for effecting katha in terms of the power vested under Ss. 128 and 129 of the Karnataka Land Revenue Act. It is further submitted that it is the stand of the authorities that it is only after the katha is effected, the compensation could be disbursed.

(3.) It is to be noticed that once the land has been notified for acquisition, the revenue authorities will not be in a position alter the revenue entries.