IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA W.P.NO.43466/2015(KLR-RES) BETWEEN 1. SMT.KAMALA SHEDTHI W/O RAMAYYA SHETTY AGED 83 YEARS 2. SMT.HARINA J. HEDGE W/O N.JAYASHEELA HEDGE AGED 62 YEARS BOTH ARE AT PINJINABAIL HOUSE KAIRANGALA VILLAGE BANTWAL TQ. …PETITIONERS (BY SRI N.SUKUMAR JAIN, ADVOCATE) AND :
1. STATE OF KARNATAKA REP. BY SECRETARY REVENUE DEPARTMENT M.S.BUILDING BANGALORE – 560 001 2. DEPUTY COMMISSIONER DAKSHINA KANNADA MANGALORE – 575 001 D.K.DISTRICT 3. ASSISTANT COMMISSIONER MANGALORE D.K.DISTRICT – 575 001 4. TAHASILDAR BANTWAL – 575 001 D.K.DISTRICT – 575 001. …RESPONDENTS (BY SRI T.S.MAHANTESH, AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT PASSED BY THE 1ST RESPONDENT DATED 24.02.2014 MARKED AS ANNEXURE-C AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The widow-Smt. Kamala Shedthi and daughter- Smt.Harina J. Hedge of the original grantee Ramayya Shetty have come up in this writ petition impugning the Endorsement dated 24.02.2014 vide Annexure-C issued by the 1st respondent and also for a direction to him to pass fresh order with reference to their right to seek confirmation of leasehold right in respect of the land bearing Sy.No.31/3 (later renumbered as Sy.No.31/1B) measuring 1 acre 15 cents; Sy.No.30/2 measuring 0.38 cents and in Sy.No.217/2B measuring 1 acre situated at Kairangala village, Bantwal Taluk, D.K.District.
2. Heard the learned counsel for the petitioners and learned AGA for respondents. Perused the records.
3. The records would indicate that Ramayya Shetty was granted leasehold right for cultivation of cashew under the Cashew Cultivation Rules, 1957 in the aforesaid lands, for a period of 30 years, by the Tahsildar of Belthangady vide grant order No.RDS 9773/58 dated 11.09.1958 subject to several conditions. The main conditions were that within five years the entire lands shall be cultivated with cashew nut trees and minimum 50 cashew nut trees should be planted per acre. It is also made clear that, if there is any violation of any of the conditions, leasehold right which is given to the grantee will be cancelled and there was also a condition that after 30 years of lease, the lessee has right to seek permanent occupation by paying upset price as decided by the State. In this background, there are several round of litigations between the original lessee-Ramayya Shetty and as well as the Government.
4. It is seen that after the death of Ramayya Shetty, his wife and daughter are pursuing the same. In this proceedings, on an earlier occasion, the prayer of the petitioners seeking permanent occupation in their favour was rejected. It is seen that out of the entire extent of land, which was granted lease in favour of the Ramayya Shetty, an extent of 40 cents in Sy.No.31/1B was cancelled on 08.10.2010 which was the subject matter of challenge before the Karnataka Appellate Tribunal in Appeal No.814/2010, which came to be disposed of by judgment dated 31.01.2012 where the rejection of tenancy right to an extent of 40 cents was confirmed. Being aggrieved, the petitioners herein filed W.P.No.54386/2013 and W.P.Nos.58041-42/2013 where the right of the petitioners seeking regularization was subjected to inspection and decision to be taken by the 2nd respondent-Deputy Commissioner in the said proceedings.
5. Though the said writ petitions were disposed of by order dated 19.12.2013, with a direction to the 2nd respondent-Deputy Commissioner to consider the application of the petitioners with regard to remaining portion of leased lands. Despite the direction, the 2nd respondent-Deputy Commissioner did not take any steps thereon for long time. It is in this background, when the petitioners approached the authorities, they were issued an ‘Endorsement’ dated 24.02.2014 stating that until the Government takes a decision regarding the said process, no decision will be taken in respect of issuance of permanent occupation and also fixing the price towards issuance of grant of leasehold right. It is in this background, this writ petition is filed.
6. When this writ petition was pending consideration, a direction was issued by this Court on 25.07.2019 calling upon the Deputy Commissioner of Mangaluru to look into the representation of the petitioners and to take appropriate decision within four weeks. Thereafter, it is seen that a Report is filed by the said Deputy Commissioner wherein he would observe that the petitioners have not utilized the entire extent of land for cultivation of cashew for which it was granted and he would also produce the photographs showing the extent of land not being properly maintained and even the cashew trees which are said to have been planted are not more than 13 in number. In this background, this Court would observe based on the material available on record, the 2nd respondent-Deputy Commissioner shall pass appropriate orders regarding the right of the petitioners seeking permanent occupation of the aforesaid lands and the same shall be done within 60 days from the date of receipt of copy of this order.
With the aforesaid observations, this writ petition is disposed of.
Sd/- JUDGE TL