IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2017 B E F O R E THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.60434 OF 2016 (KLR-RES) BETWEEN:
SMT.ANANTHAMMA W/O LATE RAMAIAH AGED ABOUT 71 YEARS RESIDING AT BHAVIKERE VILLAGE KASABA HOBLI, NELAMANGALA TALUK BANGALORE RURAL DISTRICT 562123. …PETITIONER [BY:SRI BHOJARAJA, ADVOCATE] AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY TO THE GOVT. REVENUE DEPARTMENT VIKASA SOUDHA, BANGALORE 560001.
2. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT V V TOWER, BANGALORE 560 001.
3. THE THASILDHAR/THE SECRETARY THE LAND GRANT COMMITTEE NELAMANGALA TALUK BANGALORE RURAL DISTRICT 562123.
4. THE EXECUTIVE OFFICER NELAMANGALA TALUK PANCHAYATH NELAMANGALA BANGALORE RURAL DISTRICT 562123.
5. THE CHAIRMAN SRI M.V.NAGARAJ (PRESENT MLA) THE LAND GRANT COMMITTEE OFFICE AT NELAMANGALA NELAMANGALA TALUK BANGALORE RURAL DISTRICT 562123.
6. THE MANAGER RAJEEVGHANDHI GRAMEENA VASATHI NIGAMA NIYAMITHA NO.1-4. I T PARK, 1ST FLOOR NORTH DIVISION, RAJAGINAGARA BANGALORE 560044. …RESPONDENTS (BY:SRI KIRAN KUMAR T.L., A.G.A. FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 26 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT OR QUASH THE IMPUGNED BENEFICIARIES LIST, DTD NIL FOR ALLOTMENT OF SITE/HAKKUPATRA, FORMED IN SY.NO.153 OF SRINIVASAPURA VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT AT ANNEXURE-F ISSUED BY THE R6 AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING ORDER This petition is by the widow of Late Ramaiah seeking regularization of unauthorized cultivation of land bearing Survey No.153 of Srinivasapura village, Kasaba Hobli,, Nelamangala Taluk, based on the list of beneficiaries which is produced at Annexure-F.
2. In this petition, a direction was issued to the 3rd respondent-Tahsildar for filing an affidavit regarding the status of the application filed by the husband of the petitioner. The 3rd respondent this day has filed the affidavit along with five documents. It is taken on record.
3. The documents appended to the affidavit indicate that the husband of the petitioner, Late Ramaiah had made an application in Form No.50 seeking regularization of his so-called unauthorized cultivation of land bearing Survey No.153 of Bhavikere village, Kasaba Hobli, Nelamangala Taluk, and the extent sought was 4 acres. The 3rd respondent-Tahsildar has, on this day, produced the list of survey numbers existing in Bhavikere village at document no.1, which would clearly indicate that survey numbers situated in the said village is only up to Survey No.125 and since there is no Survey No.153, the application filed by Late Ramaiah seeking regularization of his so-called unauthorized cultivation is rightly rejected by the authorities, as could be seen from the affidavit.
4. It is seen that thereafter the wife and children of deceased Ramaiah have made representation dated 17.5.2016 stating that their father, being illiterate, was not able to explain in which village he was cultivating the land. He had filed applications seeking regularization of unauthorized cultivation of land bearing Survey No.153 of Bhavikere, instead of mentioning Survey No.153 of Srinivasapura village. The said representations are at document nos.2 to 4.
5. The submission of the Tahsildar in his affidavit is that Survey No.153 of Srinivasapura village is already reserved for distribution of sites under Ashraya Scheme and therefore, is not available for regularization. It is also stated that the said land is already transferred to respondent no.5-Chairman, Land Grant Committee, Nelamangala. The same is reflected in RTC records which is produced as document no.5. It is further stated in the affidavit that the application filed by the wife and children of deceased Ramaiah was placed before the Land Grant Committee for proper disposal.
6. By accepting the affidavit and statements made thereunder, this writ petition has to be disposed of holding that the same cannot be considered for giving any direction to any of the respondents and the same will be dealt with by the authorities in accordance with law.
7. With the said observation, the writ petition stands disposed of.
Sd/- JUDGE vgh*