IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2019 BEFORE THE HON' BLE MR. JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.40204/2018 (KLR-RES) BETWEEN:
SMT. MUNIYAMMA, W/O LATE SRI.NARAYANA, AGED ABOUT 76 YEARS, R/AT A.K.COLONY, SIDLAGHATTA TALUK, CHICKBALLAPURA DISTRICT. …PETITIONER (BY SRI.V.K.NARAYANA SWAMY, ADV.) AND:
1. THE STATE OF KARNATAKA, BY ITS REVENUE SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BANGALORE – 560 001.
2. THE DEPUTY COMMISSIONER, CHICKBALLAPURA DISTRICT, CHICKBALLAPURA – 562 101.
3. THE ASSISTANT COMMISSIONER, CHICKBALLAPURA SUB DIVISION, CHICKBALLAPURA – 562 101.
4. THE TAHASILDAR, CHICKBALLAPURA TALUK, CHICKBALLAPRA – 562 101. ...RESPONDENTS (BY SRI. VENKATESH DODDERI, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 25.05.2018 VIDE ANNEXURE – F ISSUED BY RESPONDENT NO.4 - TAHASILDAR, BY ISSUE OF A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT/OR ORDER, HOLDING IT AS ILLEGAL AND CONTRARY TO THE PROVISIONS OF THE KARNATAKA LAND REVENUE ACT AND KARNATAKA LAND REVENUE RULES, 1969, AND HOLDING THAT THE PETITIONER IS ENTITLED FOR THE GRANT OF LAND AS CLAIMED; DIRECT RESPONDENTS TO CONSIDER THE APPLICATION OF THE PETITIONER FOR GRANT OF LAND IN SY. NO.153 MEASURING 4 ACRES SITUATED AT GANGARE GRAMA, KASABA HOBLI, CHICKBALLAPURA TALUK, ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY THE COURT MADE THE FOLLOWING:-
ORDER Petitioner herein is impugning the endorsement dated 25.05.2018 bearing No.LND/CR/115/2017-18 vide Annexure-F and also for writ of mandamus to direct the respondents to consider the request of the petitioner for grant of land measuring four acres in Sy. No.153 of Gangarekaluve Grama, Kasaba Hobli, Chikkaballapur District, under Freedom Fighters’ quota as provided under the provisions of S.94 of the amended Karnataka Land Revenue Act and Rules and further reliefs.
2. In these proceedings, petitioner is stated to have submitted an application seeking grant of four acres of land in aforesaid survey number which is not considered and the prayer of the petitioner is rejected by endorsement dated 25.05.2018 vide Annexure-F. The said endorsement is under challenge on the ground that the amendment referred to therein would not apply to the case of the petitioner in as much as her husband being political sufferer there is a separate clause provided in Rule 5 of the Karnataka Land Grant Rules, 1969 wherein, under sub-rule (1)(iii) ‘political sufferers’ were also entitled for grant of land. Therefore the endorsement issued stating that ‘in view of the amendment made to Rule 5, the prayer of the petitioner cannot be considered’ is without any basis.
3. In this background, the Court passed the order on 10.04.2019 directing the learned Additional Government Advocate to secure and produce copy of the Notification issued vide No. RD 09 LGP 2015 dated 09.06.2015.
4. Accordingly, learned AGA this day filed a memo along with copy of the aforesaid Notification which clearly discloses that under the aforesaid Notification, Rule 5 of Karnataka Land grant Rules, 1969 has been amended wherein the reservation provided for grant of land to ‘political sufferers’ is removed and same is replaced by another clause ‘project displaced families’. Therefore petitioner’s prayer for grant of land under political sufferers clause cannot be considered.
Consequently, the endorsement which is issued by the respondent in rejecting petitioner’s application cannot be interfered by issuing any direction as sought for in this petition.
Accordingly this petition is dismissed.
Sd/- JUDGE sac*