Karnataka House Building Co-op. Society Ltd. vs The State of Karnataka and Others

Ram Mohan Reddy, J.—At the instance of the petitioner Co-operative Housing Society Ltd., registered tinder the Karnataka Co-operative Societies Act, 1959 having petitioned, the State, in exercise of eminent domain power acquired 79 acres 25 guntas of land in various survey numbers attached to Nelakadirenahalli and Jarakabande Kaval Villages of Yeshwanthpur, Yelahanka Hobli, Bangalore North Taluk, including 1 acre 31 guntas of Sy. No. 109 of Nelakadirenahalli Village belonging to one Narasimhaiah S/o Doddapatha Byrappa S/o Thimmaiah: Doddanarasimhaiah S/o Muniyappa and Muninarasaiah S/o Narasimhaiah. The lands when acquired and making of awards followed by delivery of possession, it is asserted that the petitioner was put in possession of the said lands.

The petitioner alleging that the Special Land Acquisition Officer--respondent No. 3 issued an endorsement dated 26.08.2005 Annexure-E stating that the extent of 1 acre 31 guntas of land in Sy. No. 109 of Nelakadirenahalli Village was not acquired and no award was passed, has presented this petition to quash Annexure-E; to direct respondents 1 and 2 to take action on respondent No. 4; who issued the endorsement and a mandamus directing respondent No. 6 to abstain from interfering with the peaceful possession and enjoyment of land measuring 1 acre 31 guntas in Sy. No. 109.

The petition is opposed by filing statement of objections dated 16.10.2009 of the third respondent inter alia contending that on and after acquisition of lands measuring 79 acre 25 guntas including 1 acre 31 guntas in Sy. No. 109, were handed over to the petitioner society.

Heard the learned Counsel for the parties. Perused the pleadings and the documents annexed. Although Sri J.M. Rajanna Setty, learned Counsel for the petitioner society contends that Annexure-E endorsement dated 26.08.2005 issued by the third respondent and addressed to one Narayana swamy S/o Pillianna is in respect of the very land subject matter of the acquisition by the State, 1 am not impressed by that submission. 1 say so because from out of 3 acres 33 guntas being the total extent of land in Sy. No. 109. an extent of 1 acre 31 guntas belonging to Narasimhaiah, Byrappa, Doddanarasimhaiah and Muninarasaiah when acquired and possession taken as per the Notification Annexure ''C'' u/s 16(1) of the Land Acquisition Act. and the award Annexure ''D'', what remained in Sy. No. 109 was 2 Acres 02 guntas of land.

The Award Annexure ''D'' is a consent award passed by the Special Land Acquisition officer, in respect of acquisition of land measuring 1 Acres 31 guntas in Sy. No. 109 of Nelakadirenahalli. The 6th Respondent represented by counsel, has not opposed the petition by filing statement of objections. The statement of objections of the state does not traverse the allegations in respect of Annexure ''E'' endorsement.

According to the Learned Counsel for the State Annexure-E addressed to the 6th Respondent does not relate to an extent of land acquired by the State in Sy. No. 109 but the remaining extent of land in the said Survey Number. In light of the submission of the learned Government Counsel; nothing further survives for consideration in this petition and is accordingly disposed of.