1 W.P.48351/12

IN THE HIGH COURT OF AT BANGALORE

DATED THIS THE 25TH DAY OF FEBRUARY 2013

BEFORE

THE HON'BLE MR. JUSTICE RAM MOHAN REDDY

WRIT PETITION NO. 48351 OF 2012 (LA-KHB)

BETWEEN:

BUDJI MUSTAFA S/O BUDJI BADESAB, AGED ABOUT 53 YEARS, R/OF 4TH WARD, PATANAGERI, HARAPPANAHALLI TOWN, DISTRICT. ...PETITIONER

( BY SRI. H C SUNDARESH, ADV. )

AND :

1 THE COMMISSIONER KARNATAKA HOUSING BOARD, CAUVERY BHAVAN, K.G.ROAD, BANGALORE-560 002.

2 THE SPL. LAND ACQUISITION OFFICER KARNATAKA HOUSING BOARD, CAUVERY BHAVAN, K.G.ROAD, BANGALORE-560 002 ...RESPONDENTS

( BY SRI. H M NIRANJAN, ADV. FOR R1 & 2 )

THIS WRIT PETITION IS FILED UNDER ART.226 AND 227 OF THE CONSTITUTION OF PRAYING TO SET ASIDE THE ENDORSEMENT DATED 8.10.12 ISSUED BY THE R2 VIDE ANNX-D; DIRECT THE RESPONDENT TO PAY 2 W.P.48351/12

COMPENSATION IN FAVOUR OF PETITIONER IN RESPECT OF 2 ACRES 7 CENTS OF LAND IN SY NO.2 OF ADAVIHALLI VILLAGE, HARAPPANAHALLI TALUK, AND FOR PAYMENT OF COMPENSATION IN RESPECT OF 2/14TH SHARE IN SY NO.2 MEASURING 3 ACRES OF ADAVIHALLI VILLAGE, BELONGS TO HIS FATHER AS PER THE JUDGMENT AND DECREE PASSED BY THE CIVIL JUDGE COURT, HARAPPANAHALLI IN OS NO.236/07 DATED 19.7.12 VIDE ANNX-B; AND ETC.

THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Learned Counsel for the petitioner submits that during the year 1981, the legal heirs of deceased

Budji Badesab, the father of the petitioner had partitioned the properties left behind by the father, which fact was not brought to the notice of the prescribed officer under Sec.129 of the Karnataka

Land Revenue Act, 1964, for change of entries in the mutation register. According to the learned Counsel, property measuring 3 acres in Sy.No.2 of Adavihalli,

Harappanahalli Taluk, when acquired by the respondent – Karnataka Housing Board, issuing notifications both preliminary and final, the award 3 W.P.48351/12 was drawn in the name of the petitioner’s elder brother who was the khatedar of the said property.

Learned Counsel hastens to add that petitioner when not paid the compensation, instituted O.S.236/07 for declaration, partition and separate possession, whence the Civil Judge, Harappanahalli, by judgment and decree dt. 19/7/2012 – Annex.B, decreed the suit and declared the petitioner to be entitled to, (a) 2.07 acres in Sy.No.2 and to recover the compensation amount in respect of that share from the defendants

1, 22 & 23 therein; (b) 2/14th share in Sy.No.2 measuring 3 acres. Hence this petition for the following reliefs:

(1) Issue writ in nature of certiorari to set aside the endorsement bearing No. KHB/SPL.LAQ/2012-13 dated 8/10/2012 issued by the 2nd respondent as per Annexure D.

(2) Issue writ in the nature of mandamus directing the respondents to pay compensation in favour of petitioner in respect of 2 acres 7 cents of land in survey No.2 of Adavihalli Village, Harappanahalli 4 W.P.48351/12

Taluk, and for payment of compensation in respect of 2/14th share in survey No.2 measuring 3 acres of Adavihalli Village, belongs to his father as per the judgment and decree passed by the Civil Judge Court, Harappanahalli, in O.S.No.236/2007 dated 19/7/2012 as per Annexure B.

(3) Pass such other order or directions as this Hon’ble court deems fit on the facts and circumstances of the case in the interest of justice and equity.

2. Learned Counsel for the respondent –

Housing Board submits that though the respondents were arraigned as party-defendant Nos. 22 and 23 in

O.S.236/07, nevertheless by the time the suit was instituted, the award was passed in the name of the

1st defendant ie., Mehaboob Sab, the elder brother of the petitioner who received the compensation of

Rs.17,18,100/- as per Annex.R1 and R2 of the statement of objections and further submits that it is for the petitioner in terms of the decree in the suit to recover the money from the 1st defendant, his elder brother. 5 W.P.48351/12

3. Recording the submission of the learned

Counsel for the parties and in the light of the decree in O.S.236/07 – Annex.B reserving liberty to the petitioner to recover his share of the compensation for the acquired property in the manner known to law, petition is accordingly disposed of.

Sd/- JUDGE rd/-