SEETHAMMA Vs. STATE OF KARNATAKARESENTED

JUDGEMENT

(1.) PETITIONER claims to be the owner of several items of lasituated at Adyar Village, Mangalore taluk, South Kanara District and the said lands were admittedly tenanted and vested as on the appointed date namely. , 01. 03. 1974. The tenants in respect of those lands had filed Form No. 7 seeking grant of occupancy rights before the Land Tribunal, Mangalore and that tenancy right was granted to the said tenants. The Case Numbers and the names of the tenants in respect of those lands are as follows: i) L. R. T. No. 5661/77-78-Devanana Shetty ii) L. R. T. No. 775/75-76-Bada Poojary S/o Manjappa Poojary iii) L. R. T. No. 549/75-76-Monta Poojary S/o Poova Poojary iv) L. R. T. No. 555/323/75-Smt baggi W/o Nemu Poonja.

(2.) IT is contended by the Petitioner that she was not paid compensation in respect of those lands. It is further contended that when the said lands were leased to the tenants it consisted of structures. The Petitioner filed a representation to the 2nd respondent for determination of compensation for land and structures and to pay the same along with interest on 2. 7. 2002 (Annexure 'c1') followed by one more representation dated 3. 12. 2002 (Annexure 'c2' ). Since the 2nd respondent did not consider those representations, the Petitioner filed this writ petition for a mandamus directing the 2nd respondent to determine the compensation payable to her on the basis of the valuation report submitted by the Executive Engineer (as per Annexure 'b1' to 'b4')and to pay the same along with interest at 12% p. a. in terms of the Division Bench decision of this Court in B. Vasantharama Shetty v. State of Karnataka and Ors. W. A. No. 2572/1997 disposed of on 13. 07. 1998 and the subsequent decision of a learned single Judge of this Court is m. S. Hameed and Anr. v. State of Karnataka and Anr. W. P. Nos. 36497 and 36498/1999 disposed of on 12. 10. 1999

(3.) IN the writ petition, a Memo was filed on 08. 02. 2005 by the HCGP stating therein that the 2nd respondent has released the compensation for the lands in question along with 12% simple interest without awarding any compensation for structures.