SRI SANNAPPA v. THE STATE OF KARNATAKA

(BY SRI. SPOORTHY HEGDE N., HCGP FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT TO CONSIDER THE REPRESENTATIONS DATED 22.05.2024, 23.05.2024 AND 4.06.2024 PRODUCED AT ANNEXURE-H, H1, J AND K AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner is before this Court seeking following relief; "Issue a writ of mandamus or order or direction, in the nature of a writ directing the Respondents to consider the representations dated 22.05.2024 (two in No.) 23.05.2024 and 04.06.2024 produced at Annexure - H, H1, J.K."

#2. Case of the petitioner is that he is the owner of land bearing Sy.No.67/1 measuring 11 acres 5 guntas. That the - 3 - NC: 2025:KHC:4033 WP No. 35391 of 2024 respondent No.4 had notified an extent of 2 acres 3 guntas of land belonging to the petitioner on 09.09.2022 and thereafter an extent of 12 guntas of land of the very same property has been again notified under notification dated 26.02.2024 for the purpose of formation of connecting internal road leading to Lakshmisagara village. That the petitioner whose 2 acres 3 guntas of land was acquired earlier vide notification dated

09.09.2022 has received the compensation and he has no objection for the same. That the petitioner has constructed three residential buildings on the portion now sought to be acquired. Since the proposed road runs through the property of the petitioner on the southern side, the petitioners have made a representation to the respondent -authorities as per Annexures- F, G and H requesting them to realign the said road. Such that the demolition of houses constructed by the petitioners can be avoided and the remaining land of the petitioner could be utilized for formation of the road. Hence, the petition.

#3. Learned counsel for the petitioner submits that the sketch in this regard has also been produced and furnished to the respondent -authorities, copy of which is enclosed to the - 4 - NC: 2025:KHC:4033 WP No. 35391 of 2024 petition as per Annexure-L. Pointing out the said sketch learned counsel for the petitioner submits that if connecting road is realigned by the respondent -authorities to avoid the demolition of the houses which are constructed, the purpose of the petition would be served.

#4. Learned counsel further on instructions submits that petitioner do not have any objections in the respondent - authorities utilizing the 12 guntas of land for the purpose of providing connecting road even if it involves utilization of some excess land, but if authorities can realign the road the same would be beneficial and would meet interest of justice.

#5. Learned AGA on the other hand submits that consideration of the such a request is within the domain of respondent -authorities as provided under Section 67 (2) of the Land Revenue Act, 1964. He submits that since the petitioner is stated to have given the representation along with sketch for the proposed realignment, given some time the same would be considered in accordance with the provisions of law.

#6. Heard. Perused the records. - 5 - NC: 2025:KHC:4033 WP No. 35391 of 2024

#7. It is necessary at this juncture to refer to Section 67(2) of the Land Revenue Act, 1964, which reads as under; "67. Public roads, etc., and all lands which are not the property of others belong to the Government.— (1) xxx (2) Where any property or any right in or over any property is claimed by or on behalf of the State Government or by any person as against the State Government, it shall be lawful for the Deputy Commissioner or a Survey Officer not lower in rank than a Deputy Commissioner, after formal inquiry to pass an order deciding the claim."

#8. Since the petitioner has no objection for the respondent -authorities having notified an extent of 12 guntas of land and he also has no objection, if need be, in respondent -authorities utilizing more area for the purpose of realigning the connecting road within boundary of land in Sy.No.67/1 belonging to the petitioner, and in view of the submission made by learned AGA referring to sub-Section (2) of Section 67 of the Land Revenue Act, 1964, this Court deems it appropriate to dispose of the writ petition with the following directions; (a) Representations of the petitioner produced at Annexures-D and L along with sketch to be jointly considered by the respondent Nos.2, 4 and 6 taking - 6 - NC: 2025:KHC:4033 WP No. 35391 of 2024 into consideration the factual aspect of the matter narrated hereinabove and as stated representation submitted by the petitioner in terms of the provisions of Section 67(2) of the Land Revenue Act, 1964. (b) Such exercise shall be undertaken within an outer limit of three (3) months from the date of receipt of the certified copy of this order and order in this regard be communicated in writing to the petitioner with details as to the extent of land they would be acquiring/required for the purpose of formation of road. SD/- (M.G.S. KAMAL) JUDGE RU List No.: 1 Sl No.: 19