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IN THE HIGH COURT OF , DHARWAD BENCH

DATED THIS THE 27 TH DAY OF NOVEMBER 2013

BEFORE

THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY

WRIT PETITION No. 66472/2009 (LA-RES)

BETWEEN :

1. SHRI SHIVALINGAPPA BASAPPA GUDLI AGE 36 YEARS, OCC:AGRICULTURE R/O.KULHALLI-587 311 TALUKA:, DIST:

2. SHRI GIRIMALLAPPA MURIGEPPA JAMBAGI AGE 59 YEARS. OCC:AGRICULTURE R/O KULHALLI-587 311 TALUK: JAMAKHANDI, DIST:BAGALKOT

3. SHRI PARAYYA MURUGAYYA MATHAD AGE 52 YEARS. OCC. AGRICULTURE R/O KULHALLI-587 311 TALUKA:JAMAKHJANDI, DIST:BAGALKOT

4. SHRI CHARANTAYYA SHIVABASAYYA HIREMATH AGE 52 YEARS, OCC. AGRICULTURE R/O KULHALLI-587 311 TALUKA:JAMAKHJANDI DIST:BAGALKOT

5. SHRI PRADEEP PRAKASH KULKARNI AGE 30 YEARS. OCC. AGRICULTURE R/O KULHALLI-591 311 TALUKA: RAIBAG, DIST: BELGAUM

6. SHRI AJIT SUDHAKAR KULKARNI AGE 38 YEARS. OCC. AGRICULTURE 2

R/O KULHALLI-591 311 TALUKA:RAIBAG, DIST:BELGAUM ... PETITIONERS

(BY SRI M G NAGANURI, ADV.)

AND

1. THE SPL.LAND ACQUISITION OFFICER HIPPARAGI BARRAGE PROJECT ATHANI 591304 DIST: BELGAUM

2. THE SPECIAL LAND DEPUTY COMMISSIONER MAJOR IRRIGATION PROJECT LAND ACQUISITION AND REHABILITATION DC COMPOUND, DIST:BELGAUM

3. KARNATAKA NEERAVARI NIGAM LTD. BY HER AUTHORISED REPRESENTATIVE EXECUTIVE ENGINEER, R & R DN.2 ATHANI ... RESPONDENTS

(BY SMT. SAVITHRAMMA, HCGP FOR R1 AND R2 SRI RAMESH N. MISALE, ADV. FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF PRAYING TO QUASH THE ORDER DTD. 17/8/09 PASSED BY RES.NO.1 PRODUCED AT ANNEXURE-D AND ETC.

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER Heard the learned counsel appearing for both sides.

2. The prayer made by the petitioner is similar to that of the one raised and considered by this Court in writ petition 3

Nos.61831-61832/09 disposed of on 22.04.2009, in which relying upon the judgment of this Court reported in ILR 2003 KAR 5088 has been followed and it was held that the representation has to be considered for payment of compensation in respect of phot karab

Lands. The order passed in the judgment referred to above at the para 3 and 4 are as hereunder:

3. The case of the petitioners is that lands were acquired for the purpose of Upper Krishna Project. It is not in dispute that certain portions of lands were phot Kharab. It is classified as phot kharab(a) Compensation was not granted in respect of these phot kharab lands. Hence, representations are made by the petitioners for grant of compensation in respect of these phot kharab lands.

4. The petitioners would rely on a ruling of this Court in ILR 2003 KAR 5088.

3. In view of the judgment referred above, the petition is

hereby disposed of. It is hereby directed the respondents to

consider and pass appropriate order in accordance with law.

SD/- JUDGE

Rms