IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.57217/2016 & WRIT PETITION Nos.57218-57236/2016 (KLR – RES) BETWEEN:
1. E.D. RANGASWAMY S/O ERADASAPPA AGED ABOUT 44 YEARS KODIHALLI GOLLARAHATTI KODIHALLI POST-577511 DHARMAPURA HOBLI HIRIYUR TALUK CHITRADURGA DISTRICT.
2. KARIYANNA S/O KAMAJJA, AGED ABOUT 38 YEARS KODIHALLI GOLLARAHATTI KODIHALLI POST-577 511 HIRIYUR TALUK CHITRADURGA DISTRICT.
3. KRISHNAMURTHY S/O SANNAERAPPA, AGED ABOUT 30 YEARS KODIHALLI GOLLARAHATTI KODIHALLI POST-577 511 HIRIYUR TALUK CHITRADURGA DISTRICT.
4. BASAVARAJ S/O GOVINDAPPA AGED ABOUT 35 YEARS KODIHALLI GOLLARAHATTI KODIHALLI POST-577511 HIRIYUR TALUK CHITRADURGA DISTRICT.
5. CHIKKANNA S/O SANNACHIKKAPPA AGED ABOUT 40 YEARS, KODIHALLI GOLLARAHATTI KODIHALLI POST-577511 HIRIYUR TALUK CHITRADURGA DISTRICT.
6. N.ERANNA S/O NINGAPPA AGED ABOUT 42 YEARS, KODIHALLI GOLLARAHATTI KODIHALLI POST-577511 HIRIYUR TALUK CHITRADURGA DISTRICT.
7. JAGANNATHA S/O GIRIYAPPA AGED ABOUT 36 YEARS KODIHALLI GOLLARAHATTI KODIHALLI POST-577511 HIRIYUR TALUK CHITRADURGA DISTRICT.
8. ERANNA S/O NINGAPPA AGED ABOUT 46 YEARS, KODIHALLI GOLLARAHATTI KODIHALLI POST-577511 HIRIYUR TALUK CHITRADURGA DISTRICT.
9. KARIYANNA S/O ERAPPA AGED ABOUT 40 YERAS KODIHALLI GOLLARAHATTI KODIHALLI POST-577511 HIRIYUR TALUK CHITRADURGA DISTRICT.
10. SHIVANNA S/O SANNAPPA AGED ABOUT 40 YEARS KODIHALLI GOLLARAHATTI KODIHALLI POST-577511 HIRIYUR TALUK CHITRADURGA DISTRICT.
11. ERANNA GOWDA S/O THAMMANNA AGED ABOUT 35 YEARS KODIHALLI GOLLARAHATTI KODIHALLI POST-577511 HIRIYUR TALUK CHITRADURGA DISTRICT.
12. GARUDAPPA S/O ERADASAPPA AGED ABOUT 40 YEARS KODIHALLI GOLLARAHATTI KODIHALLI POST-577511 HIRIYUR TALUK CHITRADURGA DISTRICT.
13. T.BAVANASHI S/O THIMMANNA AGED ABOUT 38 YEARS KODIHALLI GOLLARAHATTI KODIHALLI POST-577511 HIRIYUR TALUK CHITRADURGA DISTRICT.
14. C.ERANNA GOWDA S/O CHIKKANNA AGED ABOUT 35 YEARS KODIHALLI GOLLARAHATTI KODIHALLI POST-577511 HIRIYUR TALUK CHITRADURGA DISTRICT.
15. R.RANGASWAMY S/O SANNARANGAPPA AGED ABOUT 38 YEARS KODIHALLI GOLLARAHATTI KODIHALLI POST-577511 HIRIYUR TALUK CHITRADURGA DISTRICT.
16. K.NIJALINGAPPA S/O KARIYANNA AGED ABOUT 35 YEARS, KODIHALLI GOLLARAHATTI KODIHALLI POST-577511 HIRIYUR TALUK CHITRADURGA DISTRICT.
17. N.MAHALINGAPPA S/O NINGANNA AGED ABOUT 40 YEARS KODIHALLI GOLLARAHATTI KODIHALLI POST-577511 HIRIYUR TALUK CHITRADURGA DISTRICT.
18. NIJALINGAPPA S/O KATAPPA AGED ABOUT 38 YEARS, KODIHALLI GOLLARAHATTI KODIHALLI POST-577511 HIRIYUR TALUK CHITRADURGA DISTRICT.
19. KATAPPA S/O DONAPPA AGED ABOUT 35 YEARS KODIHALLI GOLLARAHATTI KODIHALLI POST-577511 HIRIYUR TALUK CHITRADURGA DISTRICT.
20. N.PANDURANGAPPA S/O NAGARAJAPPA AGED ABOUT 38 YEARS KODIHALLI GOLLARAHATTI KODIHALLI POST-577511 HIRIYUR TALUK CHITRADURGA DISTRICT. ... PETITIONERS [BY SRI KUMARA.K.G., ADV.] AND:
1. THE DEPUTY COMMISSIONER CHITADURGA DISTRICT CHITRADURGA-577 501 2. ASSISTANT COMMISSIONER CHIRADURGA DISTRICT CHITRADURGA-577 501 3. TAHASILDAR HIRIYUR TALUK HIRIYUR-577 599. …RESPONDENTS [BY SRI MAHANTHESH.T.S., AGA. FOR R-3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO RESTRAIN THE RESPONDENT No.3 FROM INITIATING PROCEEDINGS TO ISSUE THE SAAGUVALI CHIT OR MAKE ANY LAND GRANTS, WITHOUT ADHERENCE TO THE GOVERNMENT ORDER DATED 20.08.2009 VIDE ANNEXURE-F AS REGARDS THE LANDS MOREFULLY DESCRIBED IN THE SCHEDULE I AND ETC., THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The reliefs claimed in these writ petitions are as under:
“a. Issue writ in the nature of Prohibition, restraining the respondent No.3 from initiating proceedings to issue the saaguvali chit or make any land grants, without adherence to the Government order dated 20.08.2009 bearing No.RD 57 LGP 2008 as per Annexure-F as regards the lands more fully described in the Schedule I in the interest of justice and equity.
b. Issue writ in the nature of mandamus to respondent No.1 to conduct a scientific survey and reserve Government land for the pasturage in accordance with the mandate of the Rule 97[1] of Karnataka Land Revenue Rule in Kodihalli [Gollarahatti] Village, Hiriyur Taluk, Chitradurga District.
c. Pass any such order or orders as this Hon’ble Court deems fit to grant in the case to meet the ends of equity and justice.”
2. The petitioners are claiming to be the farmers hailing from Kodihalli Village, Dharmapura Hobli, Hiriyur Taluk, Chitradurga District and Dibbur Villages of Hesaraghatta Hobli, Bangalore North Taluk. It is the grievance of the petitioners that the lands bearing Sy.Nos.137, 222, 223, 224, Re.Sy.No.225, Sy.No.227 and Re.Sy.No.257 situated at Kodihalli Village, Hiriyur Taluk belonging to the Government is reserved for the purpose of pasturage. It is the apprehension of the petitioners that, the said lands reserved for pasturage are granted/to be granted to various private people much against the tenor of the Government order dated 20.08.2009 bearing No.RD 57 LGP 2008.
3. As could be seen from the petition averments, no specific ground is made regarding allotment of land reserved for pasturage to private people in particular. All the grounds urged are general, not substantiated by any material. Even otherwise, the reliefs sought by the petitioners are misconceived and based on apprehensions moreover, it is in the nature of Public Interest Litigation.
Hence, for the aforesaid discussions and observations, the writ petitions stand dismissed.
Sd/- JUDGE NC.