IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA W.P.NO.15312/2010(KLR-LG) BETWEEN:
AUTO COMPLEX THE GARAGE AND ENGINEERING WORKS SHOP ASSOCIATION (REGD.), SAGAR ROAD SHIMOGA CITY-577 201. REPRESENTED BY ITS PRINCIPAL SECRETARY DHANANJAYA. …PETITIONER (BY SRI. S.V. PRAKASH, ADV.) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M.S. BUILDING DR. AMBEDKAR VEEDHI BANGALORE-1.
2. THE UNDER SECRETARY REVENUE DEPARTMENT M.S. BUILDING DR. AMBEDKAR VEEDHI BANGALORE-1.
3. THE REGIONAL COMMISSIONER BANGALORE DIVISION BANGALORE.
4. SRI. KUMBESHWARA MADIKE KYGARIKE SAHAKARA SANGHA LTD., KUMBARA BEEDHI SHIMOGA CITY REPRESENTED BY ITS SECRETARY.
5. THE DEPUTY COMMISSIONER SHIMOGA DISTRICT SHIMOGA.
6. THE ASSISTANT COMMISSIONER SHIMOGA SUB DIVISION SHIMOGA. …RESPONDENTS (BY SRI. T.S. MAHANTESH, AGA FOR R1 TO R3, R5 AND R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 02.11.2009 PASSED BY THE 2ND RESPONDENT PRODUCED AS ANNEXURE-Y TO THE WRIT PETITION.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner herein is registered association which is already granted land to the extent of 30 acres 11 guntas within the limits of Shimogga City for setting up of a auto complex to cater to the needs of persons dealing with automobile engineering and related trade. It is seen that auto complex is also set up. According to the petitioner, the said land is granted to them in Survey No.6 of Kallahalli Village, Kasaba Hobli, Shimogga Taluk. According to them, in addition to the land which is already considered in favour of the petitioner to the extentof 30 acres 11 guntas another 3 acres 13 guntas is considered in favour of fourth respondent-Sri Kumbeshwara Madike Kygarike Sahakara Sangha Limited. It is stated, in the land which was earmarked for the benefit of the fourth respondent, the Government allowed the said association to remove earth as long as it is available for the purpose of doing pottery work and thereafter to return the land to the State.
2. It is stated that the petitioner herein had approached the authorities on an earlier occasion contending that the fourth respondent has not utilized the land which is ear marked for their trade. Therefore, the same also be considered for grant in favour of the petitioner who has large number of members and the association not being able to provide plot for each one of them to shift their business under one roof. In this background, they are agitating for grant of additional land in and around of Kallahalli Village where auto complex is situated. It is pursuant to that the present petition is filed challenging Annexure-‘Y’ which is with reference to permission granted for diversion of the purpose of the land granted measuring 3 acres 20 guntas in Survey No.6, New No.127 of Kallahalli Village to the other purpose, which according to the petitioner could be considered for granting in favour of them as the same was not utilized for the purpose for which it was granted.
3. Looking to the extent of land granted in favour of the petitioner, the same appears to be more than enough. In the present set of facts, the question of interfering with the land granted in favour of the fourth respondent on the basis that till today they have not utilized the aforesaid extent of land for the purpose of setting up of their industry does not arise and it may not be a ground to consider the same in favour of the petitioner. In any event, if the fourth respondent expresses its inability and intends to give up the land granted to them, it is open for the petitioner to seek for grant of the said extent of land provided the same is not required by the Government for any of its other projects. Therefore, the question of interfering with Annexure-‘Y’ does not arise for consideration and also giving any kind of direction to the respondent-State to consider the representation of the petitioner is against the interest of the State.
4. Accordingly, this writ petition is disposed of holding that no grounds are made out to consider their prayer to interfere with Annexure-‘Y’, which is in respect of grant of permission to the fourth respondent to use the land measuring 3 acres 20 guntas for educational and development of potters community in terms of Rule 9(iv) Karnataka Land Grant Rules, 1969, in addition to the purpose for which it is granted.
Sd/- JUDGE *alb/-.