NAGENDRA CHANMALAPPA KESUR Vs. COMPETENT AUTHORITY DEPUTY COLLECTOR

JUDGEMENT

(1.) By this Petition, Petitioner has challenged order dtd. 16/4/2024 passed by the Competent Authority and Deputy Collector, (Land Acquisition No.11), Solapur, rejecting the objection raised by the Petitioner to disbursement of compensation to Respondent Nos.4 to 8. The impugned order is challenged on the ground of absence of jurisdiction with the Competent Authority to decide the disputes relating to disbursement of compensation on account of existence of competing claims between Petitioners and Respondent Nos.4 to 8 relating to title of acquired land.

(2.) Brief facts leading to filing of the present Petition are that one Mr. Siddhappa Sangappa Kesur was the owner and possessed land bearing Gat Nos. 351/1, 351/2, 351/3, 342, 343/2, 346/1 and 346/2 at village Mandargi, Taluka Akkalkot, District Solapur. Said Siddhappa Sangappa Kesur passed away in the year 1960 leaving behind his sons Bhimsa and Chanmalappa. According to Petitioners, there was family partition, under which Bhimsa received land bearing Gat Nos. 351/2, 342 and 346/2 whereas Chanmalappa received land bearing Gat Nos. 351/1, 351/3, 341 and 345/2. It appears that the consolidation scheme was implemented in the village in the year 1977 under which the Gats were renumbered as under:

(3.) According to the Petitioners there was a gross error in description of Gat numbers while implementing the consolidation scheme and accordingly Bhimsa filed objection/complaint before the Settlement Commissioner on 28/2/1976 for rectification of mistake. By order dtd. 7/5/1983, the Settlement Commissioner allowed the objection/complaint raised by Bhimsa. According to Petitioners, the Consolidation Officer issued amended land consolidation scheme on 27/10/1983 thereby rectifying the mistake by renumbering the Gat numbers. However, despite passing order dtd. 7/5/1983 as well as the amended Consolidation Scheme dtd. 27/10/1983, effect was not given in the revenue records. According to the Petitioners, the position qua the old Gat number, Gat number after implementation of Consolidation Scheme and Gat number after correction is as under: