IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION NO.53101 OF 2017 (KLR-RES) PIL BETWEEN:
CHETHAN KUMAR SHETTY (ADVOCATE) S/O SHRI BHOJA SHETTY AGED ABOUT 40 YEARS R/AT ‘SANVI’ K.H.B. COLONY NEAR MAHAVEERA COLLEGE KODANGALLU POST MOODABIDRI – DHAKSHINA KANNADA KARNATAKA – 574 197.
... PETITIONER (BY SRI VINAY, ADVOCATE FOR SRI GAUTAM S. BHARADWAJ, ADVOCATE) AND:
1. UNION OF INDIA REP. BY ITS SECRETARY MINISTRY OF DEFENCE SOUTH BLOCK NEW DELHI – 110 001.
2. DIRECTORATE GENERAL DEFENCE ESTATES RAKSHA SAMPADA BHAWAN ULAAN BAATAR MARG DELHI CANTT – 110 010.
3. THE DEFENCE ESTATES OFFICER KARNATAKA & GOA CIRCLE KAMARAJ ROAD BENGALURU – 560 042.
4. THE DEPUTY COMMISSIONER DAKSHINA KANNADA DISTRICT MANGALURU – 575 001.
5. THE TAHSILDAR MOODBIDRI TALUK MOODBIDRI – 574 227.
... RESPONDENTS (BY SRI H. JAYAKARA SHETTY, CGC FOR R1 TO R3 SRI D. NAGARAJ, AGA FOR R4 & R5) ---
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE LAND IN SY.NO.123/2A IN MARPADI VILLAGE, MOODUBIDRI HOBLI, MANGALORE TALUK, DAKSHINA KANNADA DISTRICT, ADMEASURING AN EXTENT OF 28 ACRES 35 GUNTAS ‘SCHEDULE PROPERTY’ AS DEFENCE LANDS BELONGING TO R-1, BASED ON THE COMMUNICATION DATED 03.11.2017 ISSUED BY THE R-3, MARKED AS ANNEXURE-A AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, P.S. DINESH KUMAR J., MADE THE FOLLOWING:
ORDER Heard.
2. Petitioner’s grievance in this writ petition is that certain lands belonging to the Defence of India is sought to be given to the State Government to be utilized by the Sports Department.
3. Shri H. Jayakara Shetty, learned CGC, has filed ‘joint proceedings’ duly signed by the Additional Defence Officer, Karnataka Circle, Bengaluru and the Deputy Commissioner, Dakshina Kannada District, Mangaluru, which reads as follows:
“After discussing at length following decision are taken amicable 1. It is decided to sort out the issue amicably by both the authorities.
2. The Additional Defence Estate Officer has stated that this matter has to be decided at MOD (Ministry of Defence) level through Chief Secretary of Government of Karnataka as per the policy laid down by Government of India, Ministry of Defence, however it takes considerable time. Till then status quo can be maintained.
3. It is also decided to initiate proposal to Ministry of Defence for resolution of the matter amicably.”
4. Thus, the matter is still under consideration by the Central Government. In the circumstances, we see no ground to interfere.
Petition is accordingly disposed of. No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE ca