IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NOs.9789/2018 & 13072/2018(KLR-RES) BETWEEN 1. SMT. KEMPAMMA D/O LATE SRI DODDAIAH & LATE SMT KAMBAMMA, W/O R.G. VEERANNA AGED ABOUT 62 YEARS, R/A RAMADEVANAHALLI VILLAGE, MADURE HOBLI, DODDABALLAPUR TALUK BENGALURU RURAL DISTRICT 2. SMT RAMA DEVAMMA D/O LATE SRI DODDAIAH & LATE SMT KAMBAMMA W/O VAEDRAIAH, AGED ABOUT 49 YEARS BASAVAPATNA VILLAGE, KASABA HOBLI, MAGADI TALUK RAMANAGARAM DISTRICT ... PETITIONERS (BY SRI T SESHAGIRI RAO, ADVOCATE) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE VIKASA SOUDHA BANGALORE - 560001 2. THE ASSISTANT COMMISSIONER BENGALURU SOUTH TALUK KANDHAYA BHAVANA, K G ROAD, BENGALURU - 560001 3. THE TAHSILDAR BENGALURU SOUTH TALUK KANDHAYA BHAVANA, K G ROAD, BENGALURU – 560001 ... RESPONDENTS (BY SRI VENKATESH DODDERI, AGA FOR R1 TO R3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 21.11.2017 ISSUED BY THE RESPONDENT NO.3 VIDE ORDER FOUND AT ANNEXURE-A AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners’ father is said to have filed an application in Form No.50 seeking regularization of his alleged unauthorized cultivation to land bearing Sy.No.99 of Yellachakuppe village, Tavarekere Hobli, Bengaluru South Taluk, measuring to an extent of 1 acre 38 guntas.
2. Admittedly, the application in Form No.50 filed by the petitioners’ father which is at Annexure-B does not indicate the date on which it is filed. However, there is a seal affixed to the said application from the office of the Tahsildar, Bengaluru South Taluk, which would indicate that the application is received on 18.9.1991. It is stated that the said application was taken up for consideration in the meeting of the Committee constituted for Regularization of Unauthorized Cultivation which has taken place on 21.9.1994 at 11.30 a.m., where the Committee has recommended the application of the petitioner’s father for regularization. Subsequently, it is stated that by an order issued from the office of Tahsildar Bengaluru South Taluk on 24.4.1995 in proceedings bearing No.LND.RUC.CR.1339/1991-92 vide Annexure-E, an extent of 1 acre 38 guntas in Sy.No.99 situated at Yellachakuppe village, Tavarekere Hobli, Bengaluru South Taluk, is granted in favour of petitioners’ mother, Kambamma w/o late Doddaiah, since their father had died by then. Though such an order was passed it is stated that saguvali chit was not issued in her favour.
3. In the meanwhile, it is stated that an endorsement vide Annexure-A dated 21.11.2017 in proceedings No.LND.RUC.CR.63/2017-18 is issued on the ground that since Yellachakuppe village of Tavarekere Hobli, is coming within 18 kms., from the limits of BBMP, the grant either in favour of petitioners’ father or in the alternative, their mother cannot be considered. It is the said endorsement which is sought to be challenged in these writ petitions.
4. Heard the learned counsel for the petitioners as well as the learned Additional Government Advocate appearing for the State.
5. The learned Additional Government Advocate would oppose these writ petitions firstly on the ground that the writ petitions are not maintainable, inasmuch as the endorsement dated 21.11.2017 vide Annexure-A could be challenged before the Assistant Commissioner under Rule 108D of the Karnataka Land Revenue Rules, 1966. Secondly, he would state that, even otherwise these writ petitions are not maintainable for the reason that, there is already a circular issued by the State, where it is observed that in view of Section 94A(4) of the Karnataka Land Revenue Act, 1964, coming into force on 20.3.1991 vide notification No.RD.43.LGP.91, the lands which are situated within 18 kms., from the limits of BBMP cannot be considered for regularization.
6. Further to this, he would also state that the Karnataka Public Land Corporation Limited has issued a communication dated 22.12.2010 vide proceedings No.CTF.14/2010-11 where the list of villages coming within 18 kms., from the limits of BBMP is appended. The said communication would also clarify that prior to 2007 all those lands which were coming within 18 kms., from the limits of BMP and subsequently, within the limits of BBMP cannot be considered for grant and even assuming that there is already an order for regularization, the said order shall be recalled. In the said list, Yellachakuppe village of Tavarekere Hobli, Bengaluru South Taluk is at Sl.No.597.
7. In that view of the matter, this Court find that question of interfering with the endorsement dated 21.11.2017, which is at Annexure-A, does not arise. However, if the petitioners’ so desire, they are at liberty to challenge the endorsement at Annexure-A before the Assistant Commissioner under Rule 108D of the Karnataka Land Revenue Rules, 1966.
8. With such observations, these writ petitions are disposed of.
Sd/- JUDGE nd/-