IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.34510/2018(KLR-LG) BETWEEN IQBAL BEGUM W/O HYDERSAB, AGED ABOUT 70 YEARS OCC:AGRICULTURE, R/AT JEDIKATTE -VILLAGE, BHADRAVATHI TALUK SHIVAMOGGA DISTRICT BY HER GPA HOLDER SYED AKBAR, S/O HYDERSAB, RESIDING AT JEDIKATTE VILLAGE-577 311 BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT. ... PETITIONER (BY SRI M R HIREMATHAD, ADVOCATE) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE, M.S.BUILDING, DR.AMBEDKAR VEEDHI, BANGALORE-560 001.
2. THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT SHIVAMOGGA-577 202 3. THE ASSISTANT COMMISSIONER SHIVAMOGGA SUB- DIVISION, SHIVAMOGGA-577 202 4. THE THAHASILDAR CUM MEMBER SECRETARY TALLUKA UNAUTHORISED CULTIVATION REGULARISATION COMMITTEE, BHADRAVATHI TALUK SHIVAMOGGA DISTRICT-577 301 ... RESPONDENTS (BY SRI VENKATESH DODDERI, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE 2ND RESPONDENT DTD 11.2.1997 VIDE ANNEXURE-D AND DIRECT THE 4TH RESPONDENT TO REGULARISE UNAUTHORIZED CULTIVATION OF THE PETITIONER BY CONSIDERING THE APPLICATION DTD 26.05.1992, VIDE ANNEXURE-B2 AND DIRECT TO LOCATE AND DEMARCATE BY FIXING THE BAOUNDARIES OF GRAVE YARD.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner herein is impugning the order dated 11.2.1997 passed in proceedings bearing No.LND(1) SR 247/1996-97, at Annexure-D.
2. According to petitioner, she submitted an application in Form No.50 seeking regularization of unauthorized cultivation of land measuring to an extent of 3 acres 20 guntas in Sy.No.78 of Jedikatte village, Kasaba Hobli, Bhadravathi Taluk. The endorsements issued by the authorities for having received the applications are at Annexures-B1 and B2. The same would indicate that the application was initially filed on 12.9.1991 and subsequently another representation is also given on 26.9.1995.
3. However, subsequently, it is stated that out of 3 acres 20 guntas which is sought for grant by the petitioner in Sy.No.78 of Jedikatte village, 3 acres is marked to be reserved as burial ground for the residents of Jediatte village by order dated 11.2.1997 which is impugned in this proceedings.
4. Admittedly, the application filed by the petitioner is in the year 1991. Thereafter, one more application is given in the year 1995. However, within 2 years there from, the very same land was subject matter of grant to an extent of 3 acres for the purpose of grave yard which is sought to be challenged nearly after 22 years. Hence, this writ petition is required to be dismissed on the ground of delay and laches in not challenging the order impugned immediately after the impugned order was passed. In fact, grant is not a matter of right and another aspect is that the land which is sought to be granted in favour of the petitioner is not excess land available at the hands of the Government instead, the said land is being utizlied for the public purpose.
5. In that view of the matter, question of interfering with the order dated 11.2.1997 and thereafter, giving direction to the respondent – authority to consider the representation of the petitioner for grant of aforesaid land does not arise. In any event, when the application of the petitioner is looked in to, the same would indicate that she has sought for regularization of unauthorized cultivation to an extent of 3 acres 20 guntas. Therefore, if the petitioner is still in possession of the remaining extent of land after grant of 3 acres for the purpose of burial ground, the respondent authority to consider the said remaining extent in her favour in accordance with law.
Accordingly, this writ petition is disposed of.
Sd/- JUDGE nd/-