IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P.NO.536/2019 (KLR-RES) BETWEEN:
SRI. GUNDI RAMA S/O LATE RAMANNA RESIDING AT DODDA AGRAHARA VILLAGE BUKKAPTNA HOBLI SIRA TALUK, TUMKUR DISTRICT – 572 137.
(BY SRI. ASWATHAPPA D, ADVOCATE) AND:
1 . THE DEPUTY COMMISSIONER REVENUE DEPARTMENT TUMKUR – 572 137.
2 . THE COMMITTEE FOR REGULATION OF UNAUTHORISED OCCUPATION OF LAND, SIRA TALUK, SIRA TOWN TUMKUR DISTRICT – 572 137.
...PETITIONER 3 . THE TAHSILDAR TALUK OFFICE, SIRA TOWN TUMKUR DISTRICT – 572 137.
(BY SRI. Y.D. HARSHA, AGA) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE APPLICATION WHICH WAS RECEIVED VIDE ANNX-B.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri.Ashwathappa D, learned counsel appearing for petitioner and Sri. Y.D.Harsha, learned Government Advocate appearing for respondents. Perused the records.
2. Petitioner is claiming to be in unauthorized cultivation of land bearing Sy.No.260 situated at Dodda Agrahara village, Bukkapatna Hobli, Sira Taluk, Tumkuru District to an extent of 4 acres 38 guntas by relying upon the ‘Ahawalu thakthe’ extract register vide Annexure-E as well as surveyor report vide Annexure-D which discloses that petitioner is in occupation of land to an extent of 4 acres 38 guntas in Sy.No.260 and as such application having been filed for regularization of his unauthorized cultivation of land, same having not been considered, is seeking for a writ of mandamus to respondents to consider application.
3. Prayer sought for by the petitioner in the present petition reads as under.
“Issue a writ of order or direction in the nature of mandamus directing the respondents to consider the application which was received as per receipt vide Annexure-B.”
The claim of petitioner is to regularize unauthorized cultivation of land as per application submitted by him in Form No.53 which petitioner himself claims that respondent has duly acknowledged by issuing an acknowledgement as per Annexure-B whereunder the extent of land as well as survey number has been clearly depicted as 3 Acres.
4. However, petitioner by relying upon survey sketch as well as ‘Ahawalu thakthe’ register extract vide Annexure-E is now contending that he is in occupation of larger extent namely 4 Acres 36 guntas. When application submitted by petitioner itself is for an extent of 3 acres now to contend that he is in occupation of 4 acres 38 guntas may not arise. In fact, copy of the application filed in Form No.53 which has been made available during the course of submission the extent of land in occupation has not been mentioned. However, acknowledgment issued to the petitioner vide Annexure-B would disclose that petitioner has sought for regularization of cultivation of land in Sy.No.260 to an extent of 3 Acres. Disputed question of fact cannot be gone into writ petition. It is for the second respondent committee to take a call with regard to regularization of unauthorized cultivation of land by petitioner based on relevant documents and proof of such cultivation.
5. However, as on today, there is no committee which has been constituted by the State and one which had been constituted is not existing. This court under similar circumstances in W.P.Nos.25195-21199/2019 disposed of on 27.09.2019 while examining prayer sought for to direct the Government to constitute such committee across the State had observed as under.
“4. Having regard to the affidavit filed by the Principal Secretary to the Government, Department of Revenue and the fact that applications of the petitioners have been pending for the past 27 years, it would be appropriate to issue direction to first respondent to constitute Bagar Hukum committee expeditiously and at any rate, within three months from the date of receipt of this order. On such constitution of the committee, third respondent shall place all such pending applications before the said committee immediately, who shall thereafter dispose of such applications expeditiously and at any rate, within three months from the date of applications being placed before the committee”.
Petitioner is also placed in same situation namely his claim for regularization has not been considered for want of constitution of committee. Hence, this Court is of the considered view that petitioner would be entitled to similar relief.
Hence, I proceed to pass the following;
ORDER (1) Writ petition is allowed.
(2) Third respondent is directed to place the application of the petitioner filed in Form No.53 relating to regularization of unauthorized cultivation of land in Sy.No.260 situated at Dodda Agrahara village, Bukkapatna Hobli, Sira Taluk, Tumkuru District within four weeks from date of constitution of committee and second respondent committee shall dispose of said application expeditiously and at any rate within three months from the date of constitution of committee.
(3) It is made clear that till application of the petitioner is not disposed of by the committee, possession of the petitioner over the land in question shall not be disturbed. Petitioner would also not be entitled to claim equities in the event of application being regularized by the committee and shall not put up any permanent structure/s over the land in question during pendency of application by the committee.
(4) It is made clear that no opinion is expressed on merits.
SD/-
JUDGE RU