VAISHAMPAINACHARYA Vs. REHABILITATION OFFICER, BAGALKOT TOWN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioners who happen to be the land loosers in the acquisition for the Upper Krishna Project are call ing in question the endorsement dated 27.04.2011 issued by the first respondent at Annexure-E, whereby they have been denied alternate sites on the ground that they were residing jointly as on the date the land was notified for acquisition.

(2.) After service of notice, the respondents have entered appearance through their counsel Sri. Anand R. Koll i, who opposes the writ petitions.

(3.) The learned counsel for the petitioners contends that, the petitioners were the members of Joint Hindu Family; there was a family partition effected orally and wardi thereof was submitted to the jurisdictional Revenue Officer way-back in the year 1995, and accordingly the Mutation Entry was certified, which evidences the partition having taken place by metes and bounds; that being the position, the respondents are not justified in issuing the impugned endorsement by treating Divided Family as the Joint Family.