MANJULA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner-Smt. Manjula, claims to have been granted land bearing Sy.No.1 measuring 01 acre situated at Arebinnamangala village, Jala Hobli, Bengaluru North Taluk, by Bhagurhukkum Saguvali Committee in its Meeting held on 17.03.1999 vide Annexure-D1. She is seeking for writ of mandamus being issued to respondents-1, 3, 4 and 5 to issue Saguvali Chit or Certificate in her favour as per decision of Regularization Committee by taking into consideration the Official Memorandum bearing No.LND(A)CR:1511:91-92 dated 23.12.2000 vide Annexure-E issued by respondent No.5 after considering her representations dated 26.12.2009, 06.04.2015 and 21.11.2016 vide Annexures-A, B and C respectively; to issue writ of mandamus to respondents-2, 6 and 7 to pass consent award as provided under Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 (for short 'Act') and to disburse compensation amount as per decision of Price Fixation Committee vide Annexures-H and H1 in respect of the land in question which has been acquired and to issue writ of mandamus to respondents to pay interest on the consent award from 19.05.2009 up to the date of payment as per Annexure-L.

(2.) I have heard arguments of Sri Basavaraju P., learned counsel appearing for petitioner and Sri Nithyananda K.R., learned HCGP appearing for respondents-1 and 5 and Sri P.V.Chandrashekar, learned counsel for respondent Nos.6 & 7 and perused the records.

(3.) Petitioner herein was said to be in unauthorized possession and enjoyment of land measuring 01 acre in Sy.No.01 of Arebinnamangala village, Jala Hobli, Bengaluru North Taluk. Pursuant to which, an application came to be filed by her for regularization before 'Bhagurhukkum Saguvali Committee' and said Committee after considering her application, on being satisfied that she was in unauthorized occupation and also the fact that she was belonging to oppressed class namely Scheduled Caste, by its Resolution dated 17.03.1999 at Sl.No.11 ordered for granting said land in favour of petitioner. Respondent No.5 by Official Memorandum dated 23.12.2000 has also passed an order to said effect, which is evident from Annexure-E. Respondent No.5 had also issued notice to petitioner to pay T.T. fine amongst other fee amounting to Rs.835/- which has been paid by petitioner vide Annexure-E3.