IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05th DAY OF AUGUST 2019 BEFORE THE HON’BLE Mr. JUSTICE ARAVIND KUMAR WRIT PETITION No.29477 OF 2019 (KLR-LG) BETWEEN:
M/S.PARAMAHAMSA FOUNDATION TRUST (R), AT NO.157, AMC BUILDING, 30TH CROSS, 4TH BLOCK, JAYANAGAR, BANGALORE - 560 011. REPRESENTED BY ITS CHAIRMAN, SRI.K.R.K.PARAMAHAMSA, AGED ABOUT 57 YEARS. ... PETITIONER (BY SRI.M.SHIVAPRAKASH, ADVOCATE) AND:
1. THE CHIEF SECRETARY, STATE OF KARNATAKA, VIDHANA SOUDHA, BENGALURU- 560 001.
2. THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, STATE OF KARNATAKA, VIDHANA SOUDHA, BENGALURU- 560 001.
3. THE DEPUTY COMMISSIONER, BANGALORE RURAL DISTRICT, BENGALURU- 560 001.
4. THE ASST. COMMISSIONER, BANGALORE SOUTH SUB-DIVISION, KHANDAYA BHAVAN, BENGALURU- 560 001.
5. THE TAHASILDAR, ANEKAL TALUK, ANEKAL - 560 105. ... RESPONDENTS (BY SRI.Y.H.HARSHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS AGAINST RESPONDENT AUTHORITIES NOS.3 TO 5 TO CONSIDER THE REPRESENTATIONS DATED 08.07.2007 AND 26.07.2011 AT ANNEXURE-F AND F1, RESPECTIVELY CONSEQUENTLY TO PASS APPROPRIATE ORDER IN CONFORMITY WITH RULE 17A AND RULE 19 OF KARNATAKA LAND GRANT RULES, FOR GRANT OF LAND OTHERWISE FOR LONG LEASE IN FAVOUR OF THE PETITIONER INSINUATION.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Though matter is listed for preliminary hearing, by consent of learned counsels for the parties, it is taken up for final disposal.
2. Heard Sri.M.Shivaprakash, learned Additional Government Advocate appearing for respondents.
3. Perused the records. Only prayer sought for in this petition is for issuing writ in the nature of mandamus to respondent Nos.3 to 5-authorities to consider the representations dated 08.07.2007 and 26.07.2011 at Annexures-F and F1 respectively, whereunder they have sought for grant of land for long lease and consequently to pass appropriate order in conformity with Rule 17A and Rule 19 of Karnataka Land Grant Rules.
4. It is the grievance of the petitioner that land abutting to the petitioner’s private patta land can be benefitially made use of by the petitioner and as such, petitioner has submitted representations dated 08.07.2007 (Annexure-F) and 26.07.2011 (Annexure-F1) to 3rd respondent for granting/allotting the said land in favour of petitioner which is an educational trust running educational institutions like MAC Engineering College, Administrative Management College, AMC School and P.U college and said land measuring 01 acres 02 guntas situated in Survey No.97, Lakshmipura village, Jigani Hobli, Anekal taluk is most ideal for the beneficial use of the petitioner-Trust and its institution and there has been no positive response from Respondent No.3 in the matter of consideration of the said representation. Hence, petitioner has prayed for writ of mandamus being issued to Respondents 3 to 5 to consider said representations.
5. Per contra, learned Additional Government Advocate would submit that said land is a Karab Katte (PÉgÉ PÀmÉÖ-RgÁ¨ï) and as such, it cannot be allotted.
Undisputedly, no reply has been issued to the petitioner after considering the representations dated 08.07.2007 and 26.07.2011 (Annexures-F and F1 respectively). In that view of the matter, it would be appropriate to direct the Respondents 3 to 5 to consider said representation in accordance with law and pass suitable orders thereon expeditiously and at any rate within an outer limit of three months from today and intimate petitioner about the outcome of consideration of said representations.
It is already made clear that direction issued by this Court in this order shall not be understood as a direction having been issued to allot the land. Respondents 3 to 5 would be at liberty to consider the said representation in accordance with law. Ordered accordingly.
Sd/- JUDGE bnv*