IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.6356/2018 (KLR-RES) BETWEEN SAROJAMMA W/O HANUMAPPA AGED ABOUT 38 YEARS R/AT R. CHOKKANAHALLI MANDIKAL HOBLI CHIKKABALLAPURA TALUK ... PETITIONER (BY SRI S.N.BHAT, ADVOCATE) AND 1. STATE OF KARNATAKA REPRESENTED BY SECRETARY TO THE REVENUE DEPARTMENT M S BUILDING BENGALURU - 560001 2. DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT - 562101 3. ASSISTANT COMMISSIONER CHIKKABALLAPURA SUB-DIVISION CHIKKABALLAPURA DISTRICT - 562101 4. THE TAHASILDAR CHIKKABALLAPURA TALUK CHIKKABALLAPURA DISTRICT – 562101 ... RESPONDENTS (BY SRI VENKATESH DODDERI, ADDITIONAL GOVERNMENT ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE OFFICIAL MEMORANDUM ISSUED BY THE 2ND RESPONDENT DATED 03.11.2011 IN ANNEXURE-F AND CONSEQUENTLY, ORDER TO REMOVE THE ENTRY IN RTC COLUMN NOs.9 AND 11 IN SY.No.8 OF R.CHOKANNAHALLI VILLAGE.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned Additional Government Advocate takes notice for the respondents.
2. The petitioner herein is impugning the order / official memorandum dated 03.11.2011 (Annexure ‘F’ to the petition) issued / passed by the second respondent – Deputy Commissioner, Chikkaballapura District, in proceedings No.LND/CR/7/2011-12, wherein the land measuring to an extent of 01 Acre in Sy. No.8 situate in R. Chokkanahalli village, Mandikal Hobli, Chikkaballapura Taluk, has been reserved for the purpose of ‘public burial ground’ under Section 71 of the Karnataka Land Revenue Act, 1964. Further, the second respondent has directed Tahasildar, Chikkaballapura Taluk, to get the land surveyed by Surveyor, identify its boundaries and make necessary entry in the revenue records with reference to the said land as being reserved for ‘public burial ground’.
3. The petitioner is stated to be a resident of the said R. Chokkanahalli village. Herself and her husband are said to be in joint unauthorized occupation of an extent of 04 Acres in the said Sy. No.8. The petitioner claims that out of the said 04 Acres of land, 02 Acres was granted jointly in her favour and in favour of her husband on 08.05.2017 and she had made an application in Form No.53 for grant of land in respect of the remaining 02 Acres of land in Sy. No.8 and in that behalf, she has produced copy of the endorsement issued by dispatch clerk, Taluk office, Chikkaballapura, vide Annexure ‘C’ to the petition.
4. The grievance of the petitioner is that the impugned order is passed by the second respondent on the premise that in the record of rights, the land in Sy. No.8 was shown as government land (‘sarakari banjaru’) and no application/s either in Form No.50 or Form No.53 was/were filed by villagers of R. Chokkanahalli seeking grant in respect of the land in the said survey No.8. Hence, she has sought for setting aside the impugned order.
5. However, the learned Additional Government Advocate appearing for respondents would bring to the notice of this Court that the order impugned is appealable under Section 49 of the Karnataka Land Revenue Act, 1964, and the petitioner has approached this Court without exhausting the said remedy.
6. In that view of the matter, liberty is reserved to the petitioner to challenge the impugned order before an appropriate Forum, which shall consider the same on merits. Accordingly, this Writ Petition is disposed of.
7. Learned Additional Government Advocate to file memo of appearance within two weeks from today.
Sd/- JUDGE sma