IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.8199/2019(KLR-RES) BETWEEN:
JAYASHEKARAPPA GOWDA S/O SHIVARUDRAPPA GOWDA AGED ABOUT 69 YEARS RESIDING AT HANAJI VILLAGE SORABA TALUK SHIVAMOGGA DISTRICT-577 479 …PETITIONER (BY SRI SANDESH.T.B, ADVOCATE) AND :
1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPT OF REVENUE M.S.BUILDING AMBEDKAR VEEDHI BANGALORE – 01 2. THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT SHIVAMOGGA – 577 501 3. THE ASSISTANT COMMISSIONER SAGAR SUB-DIVISION SAGARA TALUK SHIVAMOGGA DISTRICT – 577 201 4. THE THASHILDAR SORABA TALUK SHIVAMOGGA DISTRICT – 577 429 …RESPONDENTS (BY SRI VENKATESH DODDERI, AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 21.06.2013 IN ORDER PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-J AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner herein, a public spirited person and resident of Hanaji village, Soraba Taluk, Shivamogga District, has come up in this writ petition impugning the order dated 21.6.2013 in proceedings bearing No.Sam.LND.2.SR. 19/2012-13 (21944/12-13) passed by the 2nd respondent, which is confirmed by the KAT in appeal No.1176/2013 by order dated 9.8.2017.
2. Admittedly, in Hanaji village the Government gomal land in Sy.No.121 measures 33 acres 31 guntas, out of that it is stated that an extent of 5 acres was granted by the State for the benefit of Village Panchayath of Chagatur, another 4 acres is said to be granted in favour of KPTCL for its use and out of the remaining extent, 1 acre is now reserved for providing residence to the Nomadic Tribal Community, which is challenged by the petitioner on the ground that it will reduce the grazing land which is available for the cattle herd in the village. It is the grievance of the petitioner that the representation which is given by him in that behalf to the authority is not looked in to. Thereafter, the order dated 21.6.2013 is passed by the 2nd respondent, which is challenged before the KAT, wherein the KAT by its order dated 9.8.2017 has dismissed the appeal, thereafter, the present writ petition is filed.
3. Heard the learned counsel for the petitioner as well as learned Additional Government Advocate who has taken notice for respondents 1 to 4. Perused the order reserving one acre of land for the use of Nomadic Tribunal Community by the 2nd respondent as well as the order passed by the KAT in confirming the same. The same would indicate that the writ petition filed by the petitioner lacks merit and bona fides and his act is nothing but unnecessary and uncalled for interference in the governance of the State in trying to regulate the statutory authority of the respondent and dictate terms as to how the land should be utilized by the Government, which is not called for in the fact situation.
4. In that view of the matter, this writ petition is dismissed imposing cost of Rs.5,000/- on the petitioner payable to the registry within four weeks from today. If the cost is not paid within four weeks, the 2nd respondent shall recover the same as if it is arrears of land revenue.
Sd/- JUDGE nd/-