IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE S. N. SATYANARAYANA WRIT PETITION NO.43058 OF 2016 (KLR-RR/SUR) BETWEEN:
1. MRS. A SAVITHRI W/O LATE SUBBANNA BHAT AGED 75 YEARS 2. MR A VISHNU BHAT S/O LATE SUBBANNA BHAT AGED 58 YEARS 3. MR SHALINI D/O LATE SUBBANNA BHAT AGED 55 YEARS 4. MR A ISHWARA BHAT S/O LATE SUBBANNA BHAT AGED 53 YEARS 5. MR A NAGARAJ S/O LATE A. SUBBANNA BHAT AGED 51 YEARS 6. USHA KUMARI D/O LATE A. SUBBANNA BHAT AGED 49 YEARS 7. SATHYA BHAMA D/O LATE SUBBANNA BHAT AGED 45 YEARS ALL ARE R/AT ALANGARU HOUSE, VITLA MADNUR BANTWAL TQ.
D. K. DIST. - 574214 ALL REP. BY GPA HOLDER MR. A. VISHNU BHAT ... PETITIONERS (BY SRI. N SUKUMAR JAIN, ADVOCATE) AND 1. STATE OF KARNATAKA BY ITS REVENUE DEPARTMENT MULTISTOREY BUILDING, BANGALORE – 560001 REP. BY SECRETARY 2. DEPUTY COMMISSIONER MANGALORE D K DIST. - 575001 3. TAHSILDAR BANTWAL D K DISTRICT - 575001 ... RESPONDENTS (BY SRI. T. S. MAHANTESH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-3 TO PASS THE ORDER AS PER THE REPRESENTATION OF THE PETITIONER VIDE ANNEX-C DTD.13.10.2015, IN TERMS OF THE LEASE DEED VIDE ANNEX-A DTD.15.8.1958 EXECUTED BY THE R-3.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned AGA would bring to the notice of this Court that this matter is already covered by the judgment rendered by this Court in W.P.No. 23608/2018 and accordingly this matter may also be disposed of. Hence it is taken up for final disposal.
2. The petitioners herein are seeking writ of mandamus in directing the respondent No.3 to consider their representation dated 13.10.2015 vide Annexure-C in terms of the lease deed dated 15.08.1958 vide Annexure-A.
3. The sum and substance of the grievance of the petitioners is that their father was granted temporary lease for cultivation of land bearing Sy.No.257-A measuring 1 acre and Sy.No.344/3 measuring 1 acre 11 cents, both situated at Vittla Madnur Village, Bantwal Taluk of D.K.District. According to them, under lease deed dated 15.08.1958 vide Annexure-A, the period for temporary lease was 30 years wherein it was observed that if the lessee is in possession and cultivation of the land continuously for a period of 30 years in complying all the conditions of the lease, the lessee is entitled to seek permanent grant of the said land in his favour on payment of the value of the land fixed at the time of grant itself. It is in this background the present writ petition is filed.
4. Similar prayer of various other persons are considered by this Court in several matters. In fact in the said writ petitions, what was under challenge was that immediately after completion of 30 years, regularization of the lease and issuance of grant was not considered on the premise that the concerned Deputy Commissioner is awaiting orders from the State with reference to the manner in which the same is required to be decided. It is similar endorsements which are decided in one of the writ petition in W.P.No. 23608/2018 (KLR-RES) vide order dated 22.02.2019 in directing the authorities to re-grant the extent of land which is in cultivation of the applicants, in their favour pursuant to the condition stipulated in the lease where the government had agreed to regularize it after completion of 30 years.
5. Based on the order dated 22.02.2019 passed in W.P.No.23608/2018 wherein the prayer of the petitioner being on similar lines of the petitioner herein, this writ petition is also disposed of with an observation that the petitioner herein is entitled to similar relief in this writ petition also.
6. Accordingly, the writ petition is disposed of.
7. In view of disposal of the writ petition, I.A.No.1/17 does not require consideration and is accordingly dismissed.
Sd/- Judge RD