IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.1988 OF 2017 (KLR-RES) BETWEEN:
KUSHAL RAJU H.B., AGED ABOUT 36 YEARS, R/O HALLIYUR VILLAGE, VANAGUR POST, YASALOOR HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT. ...PETITIONER (BY SRI SUMANTH L.BHARADWAJ, ADVOCATE) AND:
1. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, BENGALURU – 560 001.
2. THE DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN – 573 201.
3. THE ASSISTANT COMMISSIONER, SAKALESHPURA TALUK, HASAN DISTRICT – 573 134.
4. THE TAHSILDAR, SAKALESHPURA TALUK, HASAN DISTRICT – 573 134. ...RESPONDENTS (BY SRI KIRANKUMAR.T.L., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO GRANT 5 ACRES OF LAND IN EITHER OF SY.NOS. I.E., 16 OF KARAGOOR VILLAGE, OR IN SY.NO.22 OF PALAHALLY VILLAGE, YESALOOR HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT, IN FAVOUR OF THE PETITIONER.
THIS W.P. COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner herein is a surviving soldier of Indian Army. He is entitled to seek grant of land either during his service or at the end of it, pursuant to statutory right vested in him to seek grant of land. Accordingly, he has made an application to Respondent No.2, namely, the Deputy Commissioner, Hassan District. His grievance is that the Authorities are not inclined to grant the land in a place of his choice. Hence, he has filed this writ petition seeking direction to the Respondent Authorities for grant of 5 acres of land either in Sy.No.16 of Karagoor Village or in Sy.No.22 of Palahally Village or in Sy.No.74 of Halliyur Village, Yesaloor Hobli, Sakaleshapura Taluk, Hassan District. The petitioner has also produced RTC extract to substantiate that the application can be considered for the aforesaid land.
2. In this writ petition, the respondents were duly notified and are represented by the Additional Government Advocate. The counsel for respondent has filed an affidavit as directed by this Court bringing to its notice, that on an earlier occasion, in a batch of writ petitions, which were disposed of by Co-ordinate Bench of this Court, a direction was issued in identifying the lands, which are available for grant to various persons under different Scheme. Accordingly, it is stated that the lands, which are reserved for allotment to ex-servicemen is in Sy.No.107 of Agani Village and Sy.No.68 of Kadumane Village and also Sy.No.344 of Kyamanahalli Village of Sakaleshpura Taluk, Hassan District. It is also stated that the Authorities on the basis of availability, could consider application of petitioner in any of these three survey numbers, subject to his eligibility.
3. On going through the affidavit and contents therein, it is seen that the reserving of land in the aforesaid three survey numbers of Sakaleshpura Taluk, Hassan District is pursuant to a direction issued by Co-ordinate Bench of this Court. Therefore, this Court cannot find fault with such classification. In the fact situation, what could be considered by this Court is issuance of direction to the respondents to consider the application of the petitioner in accordance with law and as well as subject to his eligibility for grant of such land. If the Authorities find that his application is in order and is entitled for grant, the same shall be considered within three months from this day, in anyone of the aforesaid three survey numbers.
With above said observations, this writ petition is disposed of.
Sd/- JUDGE dh