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 WRIT PETITION NOS.26527-26528 OF 2012 (KLR-LG) BETWEEN:
1. M.N.KRISHNAPPA S/O NYATHAPPA AGE: 59 YEARS 2. SMT.KANTHAMMA W/O KRISHNAPPA AGE: 50 YEARS BOTH ARE RESIDENTS OF JANGAMASEGENAHALLI KAIWARA HOBLI CHINTAMANI TALUK CHICKBALLAPUR DISTRICT … PETITIONERS (BY SRI.S.N.ASWATHANARAYAN AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT M.S.BUILDING DR.AMBEDKAR VEEDHI BANGALORE – 560 001 2. THE DEPUTY COMMISSIONER CHICKBALLAPUR DISTRICT CHICKBALLAPUR 3. THE ASST. COMMISSIONER CHICKBALLAPUR SUB-DIVISION CHICKBALLAPUR 4. THE TAHSILDAR CHICKBALLAPUR CHICKBALLAPUR TALUK AND DISTRICT … RESPONDENTS (BY SRI.T.L.KIRAN KUMAR, AGA) - - -
These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the order passed by the R2 – Authority dated 28.3.12 in case No.R.A.191/2005- 06 vide Annx-J.
These Petitions coming on for Preliminary Hearing in ‘B’ Group this day, the Court made the following:-
ORDER Petitioner Nos.1 and 2 herein are impugning order of 3rd respondent Assistant Commissioner, Chickballapur Sub-Division, Chickballapur in LND.CR.172:2002-03 dated 10.10.2005 which is at Annexure-H as well as the order of respondent No.2 which is at Annexure-J dated 28.3.2012 in R.A.191/2005-06 wherein the order of Assistant Commissioner referred earlier is confirmed, is under challenge in these writ petitions.
2. Brief facts relating to these writ petitions are as under:
Petitioner Nos.1 and 2 are husband and wife. They had filed an application before the competent authority seeking regularization of their alleged unauthorized cultivation of land in Sy.No.26 of Chinthudapi Village, Kasaba Hobli, Shidlaghatta Taluk, Chickballapur District (earlier part of Kolar District). The application which was filed by them in Form No.50 for regularization of unauthorized cultivation was considered and an order was passed by the Tahsildar, Shidlaghatta in LND.RUC.285/91-
92 which was disposed of by order dated 15.9.1994 wherein 30 guntas was regularized in favour of 1st petitioner and 28 guntas in favour of 2nd petitioner. Subsequently, saguvali chit was issued with regular conditions being imposed thereunder.
3. When matter stood thus, it is seen that proceeding is initiated at the instance of one Smt.Gangamma, wife of Poojappa of Jangamashigehalli who has contended that petitioner Nos.1 and 2 who are beneficiaries of issue of saguvali chit to an extent of 30 guntas and 28 guntas in Sy.No.26 of Chinthudapi Village, are having 7 acres 20½ guntas of land which is in excess of ceiling limit to seek regularisation of unauthorized occupation in their favour. Therefore order passed in regularizing their unauthorized cultivation to an extent of 1 Acre 18 guntas (30 guntas + 28 guntas) is contrary to law and requires to be set aside.
4. The said complaint which was addressed to the Tahsildar was placed before the Assistant Commissioner of Chickballapur by letter dated 4.12.2001 of the Tahsildar. Based on which, proceeding was initiated wherein 3rd respondent – Assistant Commissioner, secured report of the Village Accountant with reference to the extent of land held by the family of petitioner Nos.1 and 2 and identifying that same is to the tune of 7 acres 20½ guntas in 4 survey numbers which are in land bearing Sy.No.82/5 of Chinthudapi Village measuring 35½ guntas, in Sy.No.75 measuring 4 acres 22 guntas, in Sy.No.18 of Jangamashegehalli to an extent of 1 acre 5 guntas and 20 guntas and in Sy.No.75/3 to an extent of 15 guntas, in total 7 acres 20½ guntas in their joint name which is in excess of ceiling limit prescribed under proviso to Section 94A of the Karnataka Land Revenue Act which prescribes ceiling limit as 2 hectares which is roughly 5 acres.
5. In that view of the matter, the 3rd respondent – Assistant Commissioner passed an order in LND.CR.172/2002-03 cancelling the saguvali chit granted in favour of petitioners herein to an extent of 30 guntas in favour of 1st petitioner and 28 guntas in favour of 2nd petitioner in Sy.No.26 of Chinthudapi Village. The said order was the subject matter of appeal before 2nd respondent herein in R.A.191/2005-06 which is disposed of by order dated 28.3.2012 in confirming the order of Assistant Commissioner which are sought to be impugned in these writ petitions.
6. Heard the learned counsel for the petitioners as well as the learned Additional Government Advocate appearing for respondent Nos.1 to 4.
7. On going through the impugned orders as well as the material available on record with reference to the relevant provision under Section 94A of the Karnataka Land Revenue Act, it is clearly seen that regularization of unauthorized cultivation of land in favour of applicants is permissible only if the extent of land which is considered to be regularized in their favour including the land already standing in their name, does not exceed 2 hectares or about 5 acres of land.
8. In the instant case, based on the report of the Village Accountant as well as the Tahsildar, the extent of land said to be in possession and cultivation of petitioner Nos.1 and 2 being 7 acres 20½ guntas of land which is in excess of 2 acres 20½ guntas over and above the ceiling limit. In the above fact situation, they are entitled to seek regularization of said land. Accordingly, the Assistant Commissioner as well as the Deputy Commissioner have passed appropriate orders in canceling the grant of 30 guntas in favour of 1st petitioner and 28 guntas in favour of 2nd petitioner in land bearing Sy.No.26 of Chinthudapi Village which was considered in their favour pursuant to order dated 15.9.1994 in LND.RUC.285/91-92 which appears to be just and proper and does not call for interference at the hands of this Court in these petitions.
9. Accordingly, the writ petitions are dismissed.
Sd/- JUDGE RV