IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRAURY, 2019 PRESENT THE HON’BLE MR. L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.55379 OF 2018 (KLR-RES) PIL C/W WRIT PETITION NO.39927 OF 2018 IN W.P.NO.55379/2018: BETWEEN:
1. M NAGRAJAPPA, S/O DURGAPPA, AGED ABOUT 63 YEARS, 2. N B UMESH, S/O BASVANTHPPA, AGED ABOUT 50 YEARS, 3. GURU MURTHY, S/O ERAPPA, AGED ABOUT 50 YEARS, 4. H B SHIVAPPA S/O BALINDRAPPA AGED ABOUT 63 YEARS 5. HEMAIAH, S/O GOURAPPA, AGED ABOUT 66 YEARS, 6. MANJUNATAH, S/O RAMAPPA, AGED ABOUT 50 YEARS, 7. RAMAPPA MANCHI, S/O DYAVAPPA, AGED ABOUT 40 YEARS, 8. PARAKASH, S/O HEMAPPA, AGED ABOUT 40 YEARS, 9. PANI RANGANATH S/O BASVANTHAPPA AGED ABOUT 68 YEARS 10. CHIDAMBARA S, S/O SHIVAPPA, AGED ABOUT 35 YEARS, 11. GANPAHTI B N, S/O NAGAPPA, AGED ABOUT 38 YEARS, ALL ARE RESIDING AT, HERESHAKUNA VILLAGE, SORABA TALUK, SHIMOGGA DISTRICT-577 429.
... PETITIONERS (BY SRI. VEERENDRA R PATIL, ADVOCATE) AND:
1. ASSISTANT COMMISSIONER, OF SAGAR SUB DIVISION, SAGAR, SHIMOGGA DISTRICT-577 401.
2. TAHASILDAR SORAB, SORABA TALUK, SHIMOGGA DISTRICT-577 429. (BY SRI.D.NAGARAJ, AGA) *** ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO CONSIDER THE REPRESENTATION DTD:13.7.2018 WHICH IS PRODUCED AS ANNEXURE-F AND DIRECT TO THE CONCERNED OFFICERS TO CONDUCT THE SURVEY OF SY NO.113 WHICH IS SITUATED AT HERESHAKUNA VILLAGE, KASABA HOBLI, SORAB TALUK, SHIMOGGA DISTRICT AND FIX THE BOUNDARY AND EVICT THE ENCROACHERS.
IN W.P.NO.39927 OF 2018 BETWEEN:
1. N B UMESH S/O BASAVANTHAPPA AGED ABOUT 50 YEARS 2. M NAGARAJAPPA S/O DURGAPPA AGED ABOUT 63 YEARS 3. M MANJAPPA S/O RAMAPPA AGED ABOUT 50 YEARS 4. H B SHIVAPPA S/O BALINDRAPPA AGED ABOUT 63 YEARS 5. HEMAIAH S/O GOURAPPA AGED ABOUT 66 YEARS 6. GURUMURTHY S/O ERAPPA AGED ABOUT 50 YEARS 7. PANI RANGANATH S/O BASVANTHAPPA AGED ABOUT 68 YEARS 8. PARAKASH S/O HEMAPPA AGED ABOUT 40 YEARS 9. RAMAPPA MANCHI S/O DYAVAPPA AGED ABOUT 40 YEARS 10. LINGARAJA S/O RAMAPPA AGED ABOUT 35 YEARS 11. S KRISHNAPPA S/O HUCHAPPA AGED ABOUT 50 YEARS 12. HUVAPPA M S/O MANCHI RAMAPPA AGED ABOUT 45 YEARS 13. HUCHAPPA M S/O BASAVANTAPPA AGED ABOUT 60 YEARS 14. HANUMANTAPPA S/O KARIBASAPPA AGED ABOUT 65 YEARS 15. GOPAL B N S/O NAGAPPA AGED ABOUT 45 YEARS ALL ARE RESIDING AT HERESHAKUNA VILLAGE SORABA TALUK SHIMOGGA DISTRICT – 577429.
... PETITIONERS (BY SRI. VEERENDRA R PATIL, ADVOCATE) AND:
1. STATE GOVERNMENT OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENTAL OF REVENUE VIDHAN SOUDHA BENGALURU - 560001 2. DEPUTY COMMISSIONER OF SHIMOGGA DISTRICT, SHIMOGGA - 577201 3. ASSISTANT COMMISSIONER OF SAGAR SUB DIVISION SAGAR, SHIMOGGA DISTRICT - 577401 4. THE COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED OF CERTAIN GOVERNMENT LANDS SORABA TALUK - 577429 REPRESENTED BY ITS SECRETARY THE TAHASILDAR, SORAB TALUK SHIVAMOGGA DISTRICT 5. TAHASILDAR SORABA, SORABA TALUK SHIMOGGA DISTRICT 6. RANGANATHA S/O ADIVEPPA AGED ABOUT MAJOR 7. DYAVAPPA S/O ADIVEPPA AGED ABOUT MAJOR 8. PADDAPPA S/O DYAVAPPA SINDHI AGED ABOUT MAJOR 9. KARIBASAPPA S/O RANGANATHA SINDHI AGED ABOUT MAJOR 10. LOKESH KUNTAGAR S/O NINGAPPA AGED ABOUT MAJOR 11. MANJUNATH S/O BASAPPA AGED ABOUT MAJOR 12. BHUDEVAMMA W/O KARIBASAPPA AGED ABOUT MAJOR 13. MUTTAMMA S/O MAHADEVAPPA AGED ABOUT MAJOR 14. GANAPATHI S/O PAKKIRAPPA AGED ABOUT MAJOR 15. KUPPE KRISHNAPPA S/O KERIYAPPA AGED ABOUT MAJOR 16. RUDRAPPA S/O BASAPPA AGED ABOUT MAJOR 17. RANGAPPA S/O DURGAPPA AGED ABOUT MAJOR 18. MOHAN S/O BUDAYAPPA AGED ABOUT MAJOR 19. DYAVAPPA S/O KERIYAPPA AGED ABOUT MAJOR 20. GANAPATHI S/O MABALESHAWARA AGED ABOUT MAJOR 21. RAMACHANDRAPPA S/O. SANNABAILU DEVAPPA, AGED ABOUT MAJOR, 22. CHANDRAPPA S/O. SHIVAPPA, AGED ABOUT MAJOR, 23. RUDRAPPA GOWDA S/O. BASAPPA GOWDA, AGED ABOUT MAJOR, 24. LALITAMMA W/O. SHIVAPPA GOWDA, AGED ABOUT MAJOR, 25. RAMAPPA S/O. RANGAPPA, AGED ABOUT MAJOR, 26. CHANDRAPPA, S/O. BASAVNYAPPA, AGED ABOUT MAJOR, 27. EKANTAPPA S/O. RANGAPPA, AGED ABOUT MAJOR, 28. KUMBAR GANESHAPPA S/O. SHIVARAMAPPA, AGED ABOUT MAJOR, 29. S C NINGAPPA S/O. BHIMAPPA, AGED ABOUT MAJOR, 30. KERIYAPPA S/O. BAIREKOPPA BASAVANYAPPA, AGED ABOUT MAJOR, 31. YALLAPPA S/O. KERIYAPPA, AGED ABOUT MAJOR, 32. HUCHAPPA S/O. DYAVAPPA, AGED ABOUT MAJOR, 33. MAILARAPPA S/O. RUDRAPPA, AGED ABOUT MAJOR, 34. MALLI TUKKAPA S/O. MALLI PUTTAPPA, AGED ABOUT MAJOR, 35. SIGGADA VENKATESHPPA S/O. KAREBASAPPA, AGED ABOUT MAJOR, 36. S PARUSHARAMAPPA S/O. SANNA SIDDAPPA SANNA BAILU, AGED ABOUT MAJOR, 37. PAANI DAAKAPPA S/O. PAANI LAKSHMANAPPA, AGED ABOUT MAJOR, 38. BASAVARAJAPPA S/O. SANNA SIDDAPPA, AGED ABOUT MAJOR, 39. KANMANE PARASAPPA S/O. PAKKIRAPPA, AGED ABOUT MAJOR, 40. BASAPPA S/O. RANGAPPA, AGED ABOUT MAJOR, 41. JAYAPPA GOWDA S/O. BASAPPA GOWDA, AGED ABOUT MAJOR, 42. MANJUNATHA S/O. KERIYAPPA, AGED ABOUT MAJOR, 43. RAAJAPPA S/O. KUNAJI KERIYAPA, AGED ABOUT MAJOR, 44. SHIVAJI RAO SHINDE S/O. BASOJI RAO, AGED ABOUT MAJOR, ALL ARE RESIDING AT HERESHAKUNA VILLAGE SORABA TALUK, SHIMOGGA DISTRICT 577419.
... RESPONDENTS (BY SRI.D.NAGARAJ, AGA FOR R1 TO R5) *** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED: 17.05.2017 & 14.03.2018 PASSED BY THE RESPONDENT NO.: 4 IN COMMITTEE MEETING WHICH ARE PRODUCED AS ANNEXURE-D & E WHEREIN RESPONDENT NO.4 RECOMMENDED TO GRANT THE LAND IN QUESTION TO THE RESPONDENTS NO.6 TO 44 AND ETC., THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S.DINESH KUMAR, J., MADE THE FOLLOWING:
ORDER These public interest litigations have been filed with the following prayers:
W.P. No.39927/2018 is filed praying to quash the impugned orders dated 17.05.2017 and 14.03.2018 passed by the respondent No.4 – The Committee for Regularisation of unauthorized of certain Government lands, Soraba Taluk; quash different orders passed by the respondent No.5 – Tahsildar, Soraba Taluk, Soraba and direct respondent No.3 to consider representation dated 13.07.2018.
W.P. No.55379/2018 is filed seeking a direction to respondent No.1 – Assistant Commissioner to consider the representation dated 13.07.2018 and also a direction to the concerned Officers to conduct survey of Sy. No. 113 of Hereshakuna Village, Kasaba Hobli, Soraba Taluk, Shivamogga District and fix the boundary and evict the encroachers.
2. Heard learned counsel for parties.
3. It is submitted by Mr.Veerendra R.Patil, learned counsel for the petitioners that recommendation made for grant are gomal lands and are within city limits. Therefore, it is submitted that the grant is impermissible. Accordingly, he prays for a direction to the respondents to cancel such grants made by them.
4. Mr. D.Nagaraj, learned AGA appearing for respondent – State submits that the petitioners have already filed representations under the provisions of Rule 108-K of the Karnataka Land Revenue Rules, 1966 and they are under consideration.
5. In substance, the Land Grant Committee has granted certain lands in favour of the beneficiaries.
Petitioners are aggrieved by the same and have filed representations seeking cancellation of such grants.
6. Since the petitioners have already approached the Assistant Commissioner with their representations, we direct the Assistant Commissioner to consider the said representations and pass appropriate orders in accordance with law within a period of six months from the date of receipt of a copy of this order.
Petitions are accordingly disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE VK