IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA BETWEEN W.P.Nos. 3951-52/2018 (KLR-RES) 1. SRI DOTA KRISHNAIAH S/O LATE RAMAPPAIAH AGED ABOUT 87 YEARS R/O DOTAMANE, MUNDUKODI VILLAGE, BELATHANGADI TALUK-574 214 DAKSHINA KANNADA DISTRICT 2. SRI RAGHUVEER BHAT S/O JAGANATH RAO, R/O DOTAMANE MUNDUKODI VILLAGE, BELATHANGADI TALUK-574 214 DAKSHINA KANNADA DISTRICT (BY SRI. SUBRAMANYA BHAT M, ADV.) AND 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S.BUILDING, BANGALORE-560 001 2. THE DEPUTY COMMISSIONER MANGALORE-575 001 DAKSHINA KANNADA DISTRICT 3. THE ASSISTANT COMMISSIONER PUTTUR SUB-DIVISION, ... PETITIONERS PUTTUR-574 243 DAKSHINA KANNADA DISTRICT 4. THE TAHSILDAR BELTHANGADI TALUK, BALTHANGADY-574 214 DAKSHINA KANNADA DISTRICT 5 SMT. PREMA W/O MONOPPA PUJARI R/O KALASOTTU HOUSE, MUDUKODI VILLAGE, BELTHANGADI TALUK-574 214 DAKSHINA KANNADA DISTRICT 6. SRI. DAYANANDA S/O LATE MONOPPA PUJARI R/O KALASOTTU HOUSE, MUDUKODI VILLAGE, BELTHANGADI TALUK-574 214 DAKSHINA KANNADA DISTRICT 7. SRI GANESH S/O LATE MONOPPA PUJARI R/O KALASOTTU HOUSE, MUDUKODI VILLAGE, BELTHANGADI TALUK-574 214 DAKSHINA KANNADA DISTRICT ... RESPONDENTS (BY SRI. VENKATESH DODDERI, AGA FOR R1 TO R4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-2 TO TAKE APPROPRIATE LEGAL ACTION UNDER RULE 108-K OF THE KARNATAKA LAND REVENUE RULES 1966 FOR CANCELLATION OF GRANT MADE IN FAVOUR OF THE ORIGINAL GRANTEE NAMELY LATE SRI MONAPPA PUJARI.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners herein are seeking writ of mandamus to the 2nd respondent – Deputy Commissioner, Mangalore, Dakshina Kannada, to cancel the grant of land made in favour of original grantee – Sri. Monappa Pujari, who is represented by his legal heirs – respondents 5 and 6.
2. Grievance of petitioners is that respondent – State has granted certain lands to Sri. Monappa Pujari in Sy.No.58/1A1P of Mudukodi Village, Belthangadi Taluk, Mangalore, Dakshina Kannada District. It is stated that in the said land, there was a road in existence with the width of 20 links. Grievance of petitioners is that after the aforesaid land was granted in favour of Sri. Monappa Pujari, the said extent of road is reduced from 20 links to 3 links. In that regard, a writ petition was also filed by them earlier in W.P.No.35405/2001. The said writ petition was dismissed on 04.12.2002. While doing so, liberty was granted to the petitioners to file a revision petition before the Karnataka Appellate Tribunal. It is said that the revision petition, which was filed before the Karnataka Appellate Tribunal was dismissed for non- prosecution. In the meanwhile, it appears two suits in O.S.Nos. 360/2017 and 416/2015 were filed by the original grantee. It is in the background of these, the present writ petitions are filed seeking writ of mandamus to 2nd respondent to cancel the grant made in favour of the original grantee.
3. Heard the learned counsel for the petitioners as well the learned Additional Government Advocate.
4. On going through the materials available on record, it is noticed that no grounds are made out to cancel the grant. However, if the grievance of petitioners is only with reference to the road which was in existence in land bearing Sy.No.58/1A1P, it is open for them to approach the 2nd respondent – Deputy Commissioner by initiating appropriate proceedings under Section 67(2) of the Karnataka Land Revenue Act, where the 2nd respondent is competent to decide the dispute between the petitioners and the grantees with reference to the road which was said to be in existence prior to grant of land in favour of Sri. Monappa Pujari.
With such liberty to the petitioners, these writ petitions are dismissed.
Sd/- JUDGE VP