Sarojini vs State of Karnataka

Mohan M. Shantana Goudar, J.—This is an intra-Court appeal. The case of the appellant is that she is the owner of the residential house bearing Municipal No. 9-4-79, near Railway Gate, Gandhi Gunj Road, Bidar and the respondents have illegally demolished the structure without acquiring the land and without following the procedure in law. Therefore, appellant/petitioner sought for damages by filing W.P. No. 83177 of 2009 and for declaration that the demolishing of the appellant/petitioner''s building is illegal, etc. The learned Single Judge dismissed the petition on the ground that the title cannot be decided by this Court.

If the appellant is aggrieved by the non-payment of compensation, she will have to seek appropriate remedy in Civil Court. She will have to get her title declared first title of the property cannot be decided in writ proceedings. It is open for the appellant to file representation before the jurisdictional Deputy Commissioner by providing title documents. If the Deputy Commissioner is satisfied with the title of the writ petitioner/appellant, it is open for the Deputy Commissioner to take steps for payment of damages. If the appellant is not satisfied with the action of the Deputy Commissioner, it is open for the appellant herein to approach the Civil Court claiming damages in respect of immovable property by proving her title.

With these observations, the appeal stands dismissed.