H.P.RAMESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are before this Court calling in question an order dtd. 8/11/2021, passed by respondent No.2 denying payment of compensation for the usage of their lands in Survey No.51 of Haradagere Village and seeks a consequential mandamus to the respondents, to pay compensation for the land utilised, under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

(2.) Heard Sri Kishan G.S., learned counsel for the petitioners and Smt. Rashmi Rao, learned High Court Government Pleader for the respondents.

(3.) Facts in brief, germane, are as follows: The father of the first petitioner owned certain land measuring 2 acres and 8 guntas in survey No.51 of Haradagere Village. The first petitioner gifts the property in favour of the second petitioner - daughter through a registered gift deed on 4/12/2017. It transpires that the first petitioner noticing the fact that the government has utilised the land belonging to them for the purpose of establishment of a school wayback in the year 1957, submits several representations seeking compensation for having constructed a government school and formation of the road in the property. The representations were not considered and therefore, the first petitioner had approached this Court in W.P.No.12385/2016. A co-ordinate bench disposed the said writ petition with a direction to consider the representations and pass necessary orders. The result of the said direction is the impugned order. The impugned order is passed after the first petitioner invoked the Courts contempt jurisdiction in C.C.C.No.320/2022. It is this order that drives the petitioners to this Court in the subject petition.