IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.53197/2018 (KLR – LG) BETWEEN:
RAVINDRA S/O LATE RAMARAO GHORPADE OCC: EX-SERVICE MAN AGED ABOUT 59 YEARS R/AT M.I.G.210, E BLOCK K.H.B. COLONY, VINOBHANAGAR SHIVAMOGGA-577204. ... PETITIONER [BY SRI RAMESHA.H.E., ADV.] AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY TO THE REVENUE DEPARTMENT, M.S. BUILDING BENGALURU-560001.
2. THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT SHIVAMOGGA-577201.
3. THE TAHSILDAR SHIVAMOGGA DISTRICT SHIVAMOGGA-577201.
4. THE DEPUTY CONSERVATOR OF FORESTS SHIVAMOGGA DIVISION NEAR R.T.O OFFICE SHIVAMOGGA-577201.
5. THE RANGE FOREST OFFICER FOREST RANGE SHIVAMOGGA TALUK-577201. …RESPONDENTS [BY SRI H.VENKATESH DODDERI, AGA.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THE ENDORSEMENT DATED 20.02.2018 BY RESPONDENT No.2 PRODUCED AT ANNEXURE-N AS ILLEGAL AND QUASH THE SAME.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned Additional Government Advocate accepts notice on behalf of the respondents.
2. The petitioner is claiming to be an Ex-service man and served as Soldier in the Indian Army for a period of 17 years. After his retirement from the service, he has applied for the grant of lands in his favour under the Government scheme before second respondent – Deputy Commissioner, Shivamogga. After verification and enquiry, the Deputy Commissioner, Shivamogga granted 6 acres of land in Sy.No.74 of Barandur village, Bhadravathi Taluk. The said grant was cancelled by an order dated 13.08.1998 owing to certain objections raised by the villagers. The said cancellation order was challenged by the petitioner before this Court in W.P.No.18449/1999. It appears that the respondent authorities after identifying the alternative land, gave undertaking before this Court to grant the land bearing Sy.No.39, measuring 10 acres, situated at Huralihalli Village, Shivamogga Taluk in favour ot the petitioner. Consequently, the Deputy Commissioner passed an order dated 27.02.2001, granting 10 acres of land in Sy.No.39 of Huralihalli village in favour of the petitioner.
3. When things stood thus, the respondent No.4 and other officials interfered with the petitioner’s possession and enjoyment of the granted land, claiming that entire survey number, out of which 10 acres are granted, is forest land. Civil Proceedings were initiated by the petitioner in O.S.No.673/2001 before the Principal Civil Judge [Jr. Dvn] and the said suit came to be dismissed on 29.09.2007. Challenging the same, regular appeal was filed which also came to be dismissed against which, R.S.A.No.2617/2010 was filed before this Court and the same has been allowed on 16.10.2012 decreeing the suit filed by the petitioner.
4. Subsequently on 15.01.2013, the respondent No.2 cancelled the said grant on the ground that the land is said to have been reserved for forest which was challenged by the petitioner in W.P.No.18184/2013 and the same came to be disposed of on 26.06.2013 on the ground that pursuant to the notification issued way back in the year 1897, this land was reserved for forest, since the petitioner had developed the land and there was standing crops, this Court directed that till the crops grown by the petitioner are being harvested, the land shall not be resumed.
5. However, it was categorically observed by this Court that it is the liability on the part of the Government to allot an alternative land other than the one which is reserved as forest land. So far as granting of alternative land is concerned, it is for the Revenue authorities to provide to the petitioner with an alternative land within a reasonable period.
6. The same not being implemented, petitioner again filed W.P.No.14673/2016 seeking for a direction to consider the representation dated 06.02.2016 vide Annexure-U. This Hon’ble Court by order dated 23.03.2017, disposed of the said writ petition directing the respondent No.2 to consider the representation of the petitioner and pass appropriate orders, in accordance with law, subject to the production of all necessary documents, within a period of six months from the date of receipt of a copy of the order. Pursuant to which, the impugned order is passed by the second respondent holding that 10 acres of land sought to be allotted, is a forest land and the same cannot be granted. However, it is observed that if any application is filed by the petitioner seeking for an alternative land belonging to the Revenue Department, the same shall be considered in accordance with law. Aggrieved by the same, the petitioner is before this Court.
7. The factual aspects narrated above reflects that the petitioner is fighting the legal battle from decades since 1986. It was incumbent on the authorities concerned to consider the direction issued by this Court on 26.06.2013 in W.P.No.18184/2013. Non-consideration of the same resulted in another round of litigation in filing another application/representation dated 02.02.2016, inaction on the part of the respondents to consider the same compelled the petitioner to approach this Court in W.P.No.14673/2016. Again, the request of the petitioner for allotment of the proposed land has been denied after holding joint survey as the said proposed land comes within the forest area with liberty to the petitioner to file a fresh application rather granting any other alternative land. Authorities directing the petitioner to file repeated applications would not solve the dispute rather aggravates or multiplies the lis.
8. It is trite that no forest land can be allotted, however in the circumstances, this Court deems it appropriate to direct the petitioner to file an application seeking allotment of alternative land, within a period of four weeks from the date of receipt of certified copy of the order and if such an application is filed, the respondent No.2 shall consider the same and take necessary action, keeping in mind the direction issued by this Court in W.P.No.18184/2013 on 26.06.2013 and if the land sought by the petitioner is not suitable for allotment, suitable alternative land shall be allotted without insisting for any further application/representation from the petitioner. Such an exercise shall be done in an expedite manner preferably within a period of three months from the date of receipt of the application filed by the petitioner.
Writ petition stands disposed of in terms of the above.
Sd/- JUDGE NC.