IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY 2019 PRESENT THE HON’BLE MR.L.NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION No.8513/2018 (KLR-RES-PIL) BETWEEN:
1. SRI. AYYANAGOUDA G. PATIL S/O GURANNAGOUDA PATIL AGED ABOUT 54 YEARS 2. SRI. CHANDRAKANTH S. DINDAWAR S/O SHIVAPPA DINDAWAR AGED ABOUT 44 YEARS 3. SRI. SHARANAGOUDA S. YALAGI S/O SANGANNA YALAGI AGED ABOUT 32 YEARS 4. SRI. SHANKARAGOUDA G. BIRADAR S/O GURUSIDDAPPAGOUDA BIRADAR AGED ABOUT 70 YEARS ALL ARE RESIDENT OF SHARANA SOMANALA VILLAGE HUVINA HIPPARAGI HOBLI BASAVANA BAGEWADI TALUK VIJAYAPURA DISTRICT-586 208 ... PETITIONERS (BY SHRI. MANJUNATHA RAO BHONSLE, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY VIDHANA SOUDHA DR.B.R. AMBEDAKAR VEEDHI BENGALURU-560 001 2. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT 5TH FLOOR, M.S.BUILDING DR.B.R. AMBEDAKAR VEEDHI BENGALURU-560 001 3. THE DEPUTY COMMISSIONER VIJAYAPURA DISTRICT VIJAYAPURA-586 101 ... RESPONDENTS (BY SHRI. D. NAGARAJ, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTIFICATION DATED 19.01.2018 IN NO. RD 112 BHUDAPU 2017 VIDE ANNEXURE-J ISSUED BY 2ND RESPONDENT, INSOFAR AS IT RELATES TO INCLUSION OF SHARANA SOMANALA VILLAGE IN THE LIMITS OF NEWLY CREATED FORMED TALUK OF TALIKOTE AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE ACTING CHIEF JUSTICE, MADE THE FOLLOWING:-
O R D E R Petitioners in this public interest litigation are residents of ‘Sharana Somanala village’, Hoovina Upparagi Hobli, now included in Talikoti Taluk (formerly in Basavanabagewadi Taluk, Bijapur District) have filed this writ petition inter alia with a prayer to quash the notification dated 19.01.2018 issued by the State Government, whereunder, Sharanasomanala village has been included in Talikoti Taluk.
2. State Government, as required under Section 6 of Karnataka Land Revenue Act, 1964, published a draft notification on 18.12.2017 inviting objections or suggestions from persons likely to be affected with regard to altering of limits of ‘Talikoti’ and Dhavalgi circles of Muddebihala Taluk of Vijayapura District to constitute a new Taluk called Talikoti. After considering the area, population land revenue etc. and on the basis of objections and public opinion of general public and elected representatives, the Deputy Commissioner passed an order in January 2018 as per Annexure R2 recommending inclusion of Sharana Somanala village in Talikoti Taluk.
3. Shri Manjunatha Rao Bhonsle, learned Advocate submitted that petitioners are highly inconvenienced and prejudiced by inclusion of their village into Talikoti Taluk. Referring to Schedule II in notification dated 19.12.2017, issued under Sub-Section (4) of Section 4 of the Act, he pointed out that Sharana Somanala village was, in fact, included in Basavana Bagewadi Taluk. However, without proper application of mind, State Government has issued the impugned notification by bringing the village under Talikoti Taluk. He further submitted that the State Government having included the village in Basavanabagewadi Taluk in 2017, could not have suddenly shifted to Talikoti Taluk. This clearly shows non-application of mind on the part of the State Government. Talikoti Taluk is far away and therefore, the residents of Sharana Somanala village will be put to great hardship in traveling to Talikoti to attend to their work in the revenue and other offices.
4. Per contra, Shri D.Nagaraj, learned AGA submitted that the State Government has issued draft notification 18.12.2017 and after considering the objections of various persons, including village panchayath leaders, Zilla Panchayath members and representatives of local body, the Deputy Commissioner has recommended for inclusion of said village in Talikoti Taluk. He further submitted that inclusion of Section 6 of the Karnataka Land Revenue Act (‘the Act’ for short), is a policy matter of the State and individual litigants cannot have any grievance in that behalf.
5. Shri Nagaraj has also placed reliance on the decisions of a Division Bench of this Court in W.P.No.29102/2018 and W.P.No.28038/2018 decided on 08.08.2018 and 16.08.2018 respectively, wherein this Court has declined to interfere under similar circumstances.
6. We have carefully considered submissions of learned advocate for the petitioners and learned AGA for the respondents.
7. State Government, after following procedure contemplated in Karnataka Land Revenue Act, has issued a draft notification followed by a final notification as per the recommendation of the Deputy Commissioner. Inclusion of Section 6 of the Act being a policy matter, unless the petitioner demonstrates that State Government’s action is arbitrary or capricious, this Court shall not interfere.
8. Having given our anxious consideration, we find no merit in this public interest litigation and accordingly it is dismissed. No costs.
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ACTING CHIEF JUSTICE Sd/-
JUDGE Yn.