IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF APRIL 2019 BEFORE THE HON’BLE Mr. JUSTICE S.N.SATYANARAYANA WRIT PETITION No.21342/2015 (KLR-REG) C/w WRIT PETITION No.21344/2015 (KLR-REG) IN W.P.No.21342/2015 BETWEEN:
G.H. GEETHA, W/O RAVI, AGED ABOUT 40 YEARS, R/AT HABBANAGATTA KAVAL (THIRUPATIHALLI), KASABA HOBLI, ARASIKERE TALUK, HASSAN DISTRICT-573 103.
(BY SRI. K.S. MALLIKARJUNAIAH, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S.BUILDING, BENGALURU-560 001.
2. THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN-573 201.
... PETITIONER 3. THE TAHSILDHAR, ARASIKERE TALUK, ARASIKERE, HASSAN DISTRICT-573 103.
4. THE LAND GRANT COMMITTEE FOR GRANT OF LANDS TO UNAUTHORIZED OCCUPANTS OF GOVENRMENT LANDS, ARASIKERE TALUK, HASSAN DISTRICT-573 201. BY ITS CHAIRMAN.
(BY SRI. T.S. MAHANTESH, AGA) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT AUTHORITIES TO CONSIDER AND DISPOSE OF THE APPLICATION FILED BY THE PETITIONER FOR REGULARIZATION OF THE UNAUTHORIZED OCCUPATION OF THE LAND BEARING SY.NO. 1/13 OF HABBANAGATTA KAVAL VILLAGE, ARASIKERE TALUK, HASSAN DISTRICT, MEASURING TO AN EXTENT OF 5 ACRES VIDE ANN-A, ETC.
IN W.P.No.21344/2015 BETWEEN:
SRI. T. H. KUMARI W/O VENKATESH, AGED AOBUT 45 YEARS, R/AT HABBANAGATTA KAVAL (THIRUPATIHALLI), KASABA HOBLI, ARASIKERE TALUK, HASSAN DISTRICT-573 103.
... PETITIONER (BY SRI. K.S. MALLIKARJUNAIAH, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S.BUILDING, BENGALUR-560 001.
2. THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN-573 201.
3. THE TAHSILDHAR, ARASIKERE TALUK, ARASIKERE, HASSAN DISTRICT-573 103.
4. THE LAND GRANT COMMITTEE FOR GRANT OF LANDS TO UNAUTHORIZED OCCUPANTS OF GOVENRMENT LANDS, ARASIKERE TALUK, HASSAN DISTRICT-573 201. BY ITS CHAIRMAN.
(BY SRI. T.S. MAHANTESH, AGA) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT AUTHORITIES TO CONSIDER AND DISPOSE OF THE APPLICATION FILED BY THE PETITIONER FOR REGULARIZATION OF THE UNAUTHORIZED OCCUPATION OF THE LAND BEARING SY.NO. 1/13 OF HABBANAGATTA KAVAL VILLAGE, ARASIKERE TALUK, HASSAN DISTRICT, MEASURING TO AN EXTENT OF 5 ACRES VIDE ANN-A, ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER These writ petitions i.e. W.P.Nos.21342/2015 and 21344/2015 are clubbed together though they are filed by different petitioners as the prayer in both the writ petitions being the same in seeking direction to the respondents to consider the application filed by the petitioners for regularization of unauthorized occupation of the land to an extent of 5 acres each in land bearing Sy.No.1/13 of Habbanagatta Kaval Village, Arasikere Taluk, Hassan District.
2. In these writ petitions, beside seeking mandamus in the aforesaid manner, they have also challenged the endorsement dated 16.04.2015 which is marked as Annexure-A1 in both the writ petitions with reference to Darkast No.1697/2014-15 in W.P.No.21342/2015 and Darkast No.5199/2014-15 in W.P.No.21344/2015.
3. The records would indicate that this is second round of litigation by the petitioners in both the writ petitions.
The first round of litigation was in the year 2015 in W.P.No.1697/2015 filed by the petitioner-G.H.Geetha and W.P.No.5199/2015 filed by T.H.Kumari and both the writ petitions came to be disposed of by independent orders dated 31.01.2015 and 12.02.2015 directing the respondents in the said proceedings to place the applications filed by the petitioners before respondent No.4-The Land Grant Committee for Grant of Lands to Unauthorized occupants of Government Lands and to dispose of the same within six months.
4. Admittedly, the said order passed in both the writ petitions was complied by the Authorities and thereafter, endorsement dated 16.04.2015 came to be issued stating that the said land is the Government Land and the same belongs to the Kasturi Ba Kanya Vidyalaya. Therefore, the same cannot be granted in their favour. The said endorsements in Darkast No.1697/2014-15 issued to G.H.Geetha and in Darkast No.5199/2014-15 issued to T.H.Kumari are the subject matter which are challenged in these writ petitions.
5. On going through the material available on record, it is clearly seen that the prayer sought by the petitioner to regularize the land in question in their favour is not being the Government land, the question of considering their prayer and quashing the said endorsement and issuing further direction to the respondents in this proceedings does not arise.
Accordingly, the writ petitions are dismissed.
Sd/- JUDGE VM