IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6th DAY OF DECEMBER, 2017 BEFORE THE HON’BLE Mr. JUSTICE S.N.SATYANARAYANA W.P. No.8277/2017 (KLR-RES) BETWEEN:
LEO D’ SOUZA, S/O. PAUL D’ SOUZA, AGED ABOUT 58 YEARS, R/AT KODANGE HOUSE, B-MUDA VILLAGE, BANTWAL TALUK, D.K. DISTRICT, PIN-574 219. ...PETITIONER (BY SRI. G. RAVISHANKAR SHASTRY, ADVOCATE) AND:
1. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, TO DEPARTMENT OF REVENUE, M S BUILDING, DR. B.R. AMBEDKAR ROAD, BENGALURU, PIN- 575 001.
2. THASILDAR, BANTWAL TALUK, D.K. DISTRICT, PIN-574 219. ...RESPONDENTS (BY SRI. KIRAN KUMAR T.L, AGA FOR R-1 AND R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE THASILDAR BANTWAL TO GRANT THE LAND IN SY. NO.220/1B MEASURING 1-00 ACRES SITUATED AT BANTWAL MUDA VILLAGE OF BANTWAL TALUK, IN FAVOUR OF THE PETITIONER BY CONSIDERING THE APPLICATION DATED:8.9.1970 COPY OF WHICH IS PRODUCED AT ANNEXURE-C BY QUASHING THE ENDORSEMENT DATED:7.3.2014 ISSUED BY THE THASILDAR BANTWAL CERTIFIED COPY OF WHICH IS PRODUCED AT ANNEXURE-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner herein is seeking mandamus to Thasildar, Bantwal for granting an extent of 1 acre in Sy.No.220/1B of Bantwal, Muda village, Bantwal taluk. The grievance of the petitioner is that the aforesaid land which is classified as ‘Punja land’ is required to be granted in his favour for the reason that he is already in occupation of the said land by constructing a house thereon and he is also carrying out agricultural activity and therefore the same is required to be considered.
2. However, when the records which are produced by him would indicate that the said land is being classified as ‘Punja land’ the question of considering the same for grant in favour of petitioner does not arise. Accordingly, the direction sought in this writ petition cannot be considered. At the same time, prayer for quashing of the endorsement dated 07.03.2014 in NCR CR 5/2011-12 cannot also be considered in view of the application itself is not maintainable for grant of ‘Punja land’. Therefore the said prayer is also rejected. Accordingly, this writ petition is dismissed.
Sd/- JUDGE ykl