IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NOs.14106/2019 & 15373-15374/2019(KLR-REG) BETWEEN SMT JAYALAKSHMI S/O LATE SAKE GOWDA AGED ABOUT 60 YEARS R/A SANNE GOWDARA COLONY VILLAGE KASABA HOBLI HUNSUR TLAUK-571189 ... PETITIONER (BY SRI B S NAGARAJ, ADVOCATE) AND 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M S BUILDING BANGALORE-560001 2. THE DEPUTY COMMISSIONER MYSURU DISTRICT MYSURU-570001 3. THE ASSISTANT COMMISSIONER HUNSUR SUB- DIVISION HUNSUR-571105 4. THE LAND GRANT COMMITTEE FOR REGULARIZATION OF UN-AUTHORIZED CULTIVATION REPRESENTED BY ITS SECRETARY-THASILDAR HUNSUR TALUK HUNSUR-571105 ... RESPONDENTS (BY SRI VENKATESH DODDERI, AGA FOR R1 TO R4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 4TH RESPONDENT- COMMITTEE REPRESENTED BY SECRETARY- THASILDAR, TO CONSIDER THE APPLICATION DATED 28.12.1998, WHICH FOR MADE BY THE HUSBAND OF THE PETITIONER HEREIN, IN FORM NO.53, FOR REGULARIZATION OF HIS UNAUTHORIZED CULTIVATION OF THE ABOVE SAID LAND, COPY SUBMITTED AT ANNEXURE-A.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner herein is seeking a writ of madamus in directing respondent No.4 – Committee represented by Secretary – Tahsildar to consider her application dated 28.12.1998 which was made by her husband in From No.53 for regularization of his alleged unauthorized cultivation of land bearing Sy.Nos.313/8, 317/1 and 318/1, measuring to an extent of 1 acre 03 guntas, 0.26 guntas and 0.22 guntas respectively of Hunasuru Aspatre Kaval village.
2. When this matter was taken up for consideration on 4.7.2019, this Court directed the Tahsildar of Hunsur Taluk to file an affidavit explaining the status of the application filed by the petitioner’s husband. Accordingly, this day, Sri.Basvaraja I.E, Tahsildar of Hunsur Taluk, is present before the Court and he would file his affidavit along with several documents appended thereto. In the said affidavit, the Tahsildar would state that the lands in respect of which the application is filed by the petitioner’s husband seeking occupancy right, namely lands bearing Sy.No.313/8 measuring 1 acre 03 guntas, Sy.No.317/1 measuring to an extent of 0.26 guntas and 318/1 measuring to an extent of 0.22 guntas are already granted in favour of one Smt.Chinnamma w/o late Krishnappa on 30.10.2014. The said grant was considered in her name for the reason that, she was the member and shareholder of Huddur Aspatre Farmers Kaval Society, which was earlier given certain lands in Sy.Nos.313 to 898 on lease basis however, subsequently the same was cancelled and thereafter, a decision was taken to allot said lands to the members of the society to cultivate the same and to regularize their cultivation on the basis of their share holding in the Society as its member. Accordingly, the applications of 1334 members were considered for regularization to an extent of 1750 acres 34 guntas.
3. In this background, the Tahsildar would state that the aforesaid lands in respect of which the petitioner’s husband has filed an application seeking regularization, is already granted in favour of said Chinnamma w/o late Krishnappa and saguvali chit is already issued to her. He would further bring to the notice of this Court that, in fact, the petitioner had challenged the grant with reference to aforesaid lands in favour of said Chinnamma w/o late Krishnappa before the Assistant Commissioner, Hunsur, in Dispute Nos.SRA.28/2018, LND.28/2018 and LND.118/2018, wherein the Assistant Commissioner has passed an order on 26.12.2018 in directing the petitioner to approach the competent authority in challenge to the same in accordance with law, against which the petitioner is said to have already filed Rev.Apl.No.97/2019 on the file of the Karnataka Appellate Tribunal, Bengaluru, which is pending consideration and that, he has produced all the documents in the proceedings before the Karnataka Appellate Tribunal.
4. In that view of the matter, this Court is of the considered opinion that there cannot be two parallel proceedings with reference to the claim of the petitioner for the aforesaid extent of lands in question. Therefore, in the fact situation, question of issuing any kind of writ of mandamus or any other order against any of the respondents in this proceedings does not arise. While observing thus, this Court would direct the petitioner to pursue the proceedings initiated by her before the KAT in Rev.Apl.No.97/2019, which is said to be pending consideration.
5. With such observations, these writ petitions are disposed of. The affidavit filed by the Tahsildar of Hunsur Taluk is taken on record.
Sd/- JUDGE nd/-