IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER 2017 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.41570/2017(KLR-RES) BETWEEN:
SRI CIPRIAN D’ SOUZA S/O LATE ANSEL D’ SOUZA AGED 49 YEARS R/AT BAILUKUMERU HOUSE NALKOORU VILLAGE BELTHANGADY TALUK D.K.DISTRICT. …PETITIONER (BY SRI KARUNAKARA P, ADVOCATE) AND :
1. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT DEPARTMENT OF REVENUE VIDHANA SOUDHA BENGALURU – 560 001 2. THE TAHASILDAR BELTHANGADY TALUK BELTHANGADY D.K.DISTRICT – 574 214 3. THE REVENUE INSPECTOR VENURU BELTHANGADY TALUK D.K.DISTRICT – 574 214 …RESPONDENTS (BY SRI KIRAN KUMAR.T.L, ADDITIONAL GOVERNMENT ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PROCEEDINGS IN LND.CR51/15-16 DATED 03.05.2016 PASSED BY RESPONDENT No.2 THEREBY DIRECTING THE RESPONDENT No.3 TO EVICT THE POSSESSION OF PETITIONER IN SY.No.140/2 MEASURING 05 ACRES 18 GUNTAS AT ANNEXURE-A AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner herein is seeking writ of certiorari to quash the proceedings in LNDCR51/15-16 dated 03.05.2016 before the second respondent – Tahasildar, Belthangady Taluk, Dakshina Kannada District, wherein third respondent herein has been directed to evict the unauthorized occupant i.e., petitioner herein from the land measuring 05 Acres 18 guntas in Sy. No.140/2 situate in Nalkooru village, Belthangadi Taluk, on 13.05.2016 at 9:00 a.m. and submit report in that regard. The said order is at Annexure ‘A’ to the petition.
2. It is the case of the petitioner that he is in possession and enjoyment of the lands bearing Sy. Nos.140/2 and 155/3B totally measuring 6 Acres situate in the said Nalkooru village as an unauthorized occupant for more than 30 years next before filing of the petition. Though it is stated in para No.2 of the petition that description of the said lands is provided in the schedule to the petition, the same is not furnished. It is contended by the petitioner that when respondent No.1 initiated ‘Akrama Sakrama’ scheme for regularization of unauthorized occupation of lands, he filed application in Form No.53 seeking regularization of his unauthorized occupation and cultivation of land in Sy. No.155/3A (according to the petitioner, the correct number is 155/3B). It is stated that the petitioner by mistake, has omitted to mention Sy.No.140/2 in the application filed by him in Form No.53. The endorsement dated 21.01.1999 issued in that behalf is at Annexure ‘B’ to the writ petition.
3. Perusal of the said endorsement (Annexure ‘B’ to the petition) bearing No.106/1998-99 dated 21.01.1999, discloses that the petitioner has claimed regularization of his unauthorized occupation in respect of 3.50 Acre in Sy. No.155/3D (according to petitioner, it is 155/3B) of Nalkooru village, Belthangadi Taluk. It is stated in para No.3 of the synopsis filed along with the petition that the said application of the petitioner was rejected in the month of June 2017.
4. The petitioner has called in question the order of second respondent dated 03.05.2016 (Annexure ‘A’ to the petition) on the ground that he was not issued notice and Tahasildar has not appreciated the material aspects before passing the eviction order. The petitioner is said to have filed an appeal before the Assistant Commissioner, Puttur, against the order rejecting his application filed in Form No.53 and the said appeal is pending adjudication before the said authority. However, the particulars of appeal i.e., appeal number and proceedings therein are not furnished in this writ petition. It is contended by the petitioner that the second respondent is taking coercive steps to dispossess him from the said lands during the pendency of the appeal before the Assistant Commissioner. Hence, he has preferred this writ petition.
5. Heard the learned counsel for the petitioner as well as the learned Additional Government Advocate appearing for the respondents. Perused the material on record. It is seen that this writ petition is filed seeking to quash the order of respondent No.2 dated 03.05.2016, wherein Tahasildar has referred to the complaint filed by one Monta, son of Ballava Harkudelu before the Human Rights Commission alleging that there was encroachment in respect of the land measuring 05 Acres 18 guntas in Sy. No.140/2, which is a gomal land and based on the report of respondent No.3 – Revenue Inspector, Venuru to the effect that there was encroachment of the said gomal land by the petitioner herein, has directed respondent No.3 to evict the unauthorized occupant i.e., petitioner herein from the said land. The records would indicate that at the earliest point of time, when the petitioner herein filed application in Form No.53 seeking regularization of his unauthorized occupation of the land measuring 3.50 Acre in Sy. No.155/3D (according to petitioner, correct number is 155/3B) vide endorsement (Annexure ‘B’ to the petition) bearing No.106/1998-99 dated 21.01.1999, he had not sought for regularization of his unauthorized occupation in respect of land in Sy. No.140/2, which is the subject matter of this petition. The petitioner has not furnished any material to pinpoint the exact extent and location of the land, which is in his unauthorized occupation in Sy. No.140/2.
6. However, the reports of respondent No.3 - Revenue Inspector, Venuru, and Village Accountant, Venuru vide Annexures ‘F’ and ‘G’ respectively to the writ petition, discloses that possession of land measuring 05 Acres 18 guntas in Sy. No.140/2 is already recovered from the petitioner herein. Therefore, in the light of the aforesaid observations and the material available on record, this Court find that the present petition seeking quashing of order of respondent No.2 dated 03.05.2016 vide Annexure ‘A’ does not survive for consideration inasmuch as there being no application of the petitioner at any point of time seeking regularization of his alleged unauthorized occupation with reference to land measuring 05 Acres 18 guntas in Sy. No.140/2 or any other extent in the said survey number.
Accordingly, this writ petition is dismissed.
Sd/- JUDGE sma