BASAYYA MALLAYYA MATHAPATI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The prayer made in this writ petition is for issuance of a direction to consider the representation dtd. 21/7/2022, copy of which is produced as Annexure-H.

(2.) By Annexure-H, the petitioner contends that though an award was passed on 20/7/1959, only 1 acre of land in Sy.No.286/1, 26 guntas of land in Sy.No.286/2 and 6 guntas of land in Sy.No.283/3 were utilized for the purposes of formation of canal and remaining land in the above mentioned survey numbers continued to be in the possession of petitioner. The petitioner goes on to contend that since the land is not required, the Government should consider returning of land which has not been utilized for the purposes to which it is acquired.

(3.) Since, in the present case, the petitioner contends that the land of the petitioner has not been completely utilized and only a portion that has been utilized and the petitioner has continued in possession for the past 70 years, in the peculiar facts and circumstances of the case, I deem it appropriate to direct the respondent to consider the request of the petitioner to reconvey the land, if the said lands as contended by the petitioner have remained unutilized for the purpose to which it is acquired. The said consideration shall be completed within a period of 3 months in accordance with law.