IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF OCTOBER 2017 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.31069/2017(KLR-LG) BETWEEN SMT.SAVITHRAMMA, W/O LATE SINGAPPA NAYAKA, AGED ABOUT 77 YEARS, R/AT SULUGODU VILLAGE, HALANDUR, SHRINGERI TALUK- 577 139, CHICKMAGALUR DISTRICT. …PETITIONER (BY SRI D.C.JAGADEESH, ADVOCATE) AND :
1. THE DEPUTY COMMISSIONER, CHICKMAGALUR DISTRICT, CHICKMAGALUR – 577 101.
2. THE ASSISTANT COMMISSIONER, REVENUE SUB-DIVISION, CHICKMAGALUR – 577 101.
2. THE TAHSILDAR, SHRINGERI TALUK, SHRINGERI- 577 139.
3. THE COMMITTEE CONSTITUTED U/S 94(A) OF K.L.R.ACT FOR REGULARIZATION OF UNAUTHORISED OCCUPATION/ CONSTRUCTION OF HOUSE IN GOVERNMENT LAND, SHRINGERI TALUK, SHRINGERI – 577 139. …RESPONDENTS (BY SRI KIRAN KUMAR.T.L, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUNGED ORDER DATED 06.07.2011 PASSED BY R2 VIDE ANNEXURE-C AND THE IMPUGNED ORDER DATED 03.04.2012 PASSED BY R1 VIDE ANNEXURE-D AS THE SAME ARE ILLEGAL AND UNSUSTAINABLE IN LAW AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The appellant in RA.No.54/2011-12 on the file of first respondent – Deputy Commissioner, Chickmagalur, has come up in this writ petition impugning the order dated 03.04.2012, wherein he has confirmed the order date 6.7.2011 in proceedings No.Bahu.8/2011-12 on the file of Assistant Commissioner, Chickmangalur.
2. Admittedly, the petitioner herein was an applicant before the Land Grant Committee seeking regularization of his unauthorized cultivation to an extent of 2 acres in land bearing Sy.No.293 of Halandur village, Kasaba Hobli, Shringeri Taluk, Chickmagalur District. The said application in Form No.50 of the Karnataka Land Revenue Act, 1964 (‘the Act’ for short) and the Rules framed there under, seeking regularization under Section 94A of the Act came to be rejected on the ground that the land, which is said to be under unauthorized cultivation of the petitioner is ‘soppina betta’, hence, unauthorized cultivation of the same cannot be regularized under the provisions of the Act. The said order of Committee was subject matter of an appeal before the Assistant Commissioner in proceedings in No.Bahu.8/2011- 12, wherein the Assistant Commissioner rejected the said appeal, which was again taken up in second appeal before the Deputy Commissioner in RA.No.54/2011-12, which also came to be dismissed by order dated 3.4.2012. As against the said order of Deputy Commissioner, the petitioner has come up in this writ petition.
3. Heard the learned counsel for the petitioner as well as learned Government AGA appearing for respondent Nos.1 to 4. At the time of hearing, it is brought to the notice of this Court by the learned AGA that the order under challenge has reached finality. Therefore, the same cannot be quashed in this proceedings inasmuch as there is a no provision under the Act for regularization of unauthorized cultivation of ‘soppina betta’. He would also bring to the notice of this Court that the only forum that is available to the petitioner is to challenge the order of the Deputy Commissioner in a revision under Section 56 of the Act, before the KAT, Bangalore and the petitioner herein without exhausting the same has approached this Court. Even otherwise this Court cannot entertain the writ petition filed challenging the order of Deputy Commissioner.
4. Being satisfied with the submission made by the learned Government Advocate and in view of the fact that alternate remedy is available to the petitioner in seeking revision of the order of Assistant Commissioner and Deputy Commissioner before the KAT, the writ petition filed by him is dismissed reserving liberty to the petitioner to approach the KAT by filing revision under Section 56 of the Karnataka Land Revenue Act, 1964.
Sd/- JUDGE nd/-