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.63526/2016 (KLR - RES) BETWEEN:
SRI.H.T.SHANKARE GOWDA S/O THIMMEGOWDA AGED ABOUT 71 YEARS R/A HOSA BADAVANE M.C. HALLI, THARIKERE TALUK CHIKMAGALORE DISTRICT – 577 228 ... PETITIONER [BY SRI.H. MALATESH, ADV.,] AND:
1. THE STATE OF KARNATAKA REPRESENTED BY THE CHIEF SECRETARY TO THE LAND REVENUE DEPARTMENT GOVERNMENT OF KARNATAKA MULTI – STORIED BUILDING BANGALORE – 560 001 2. THE DEPUTY COMMISSIONER CHIKMAGALUR DISTRICT CHIKMAGALUR – 577 101 3. THE DEPUTY CONSERVATOR OF FORESTS BADRA WILD LIFE DIVISION CHIKMAGALUR DISTRICT CHIKMAGALUR – 577 101 4. THE ASST. COMMISSIONER TALUK OFFICE REVENUE DEPARTMENT CHIKMAGALORE – 577 101 5. THE TAHASILDAR CHIKMAGALORE TQ CHIKMAGALORE DISTRICT – 577 101 …RESPONDENTS [BY SRI. KIRAN KUMAR T.L., AGA] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 08.12.2016 ISSUED BY THE R-2 VIDE ANNEXURE – A AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
O R D E R The petitioner herein is an agriculturist, said to have been granted land in Sy.No.12 of H Rangapura Village of Tarikere Taluk, Chickmagalur District, in accordance with the scheme which is formulated for grant of land to the land losers. The petitioner was entitled to grant of 3 acres of land at upset price as seen in Scheme which is formulated under Government Order No.RD 69 REH 97, Bengaluru, dated 28.03.2001. It is stated that in accordance with the aforesaid scheme, initially 2 acres of land was granted to the petitioner in Sy.No.12 of H Rangapura village, Tarikere Taluk. However, the petitioner in pursuant to his right to seek totally three acres of land, approached the authorities by filing application seeking grant of one more acre of land, which is considered and another one acre of land is subsequently granted in his favour in sy.No. 23/P4 of Baskal Village of Chikmagalur District. It is seen that the grant is subject to Government Order vide Annexure-E, dated 10.03.2016, wherein, it is observed that the said land should not be encumbered or alienated for a period of 25 years, which is sought to be relaxed by a representation dated 02.11.2016, vide Annexure-F, which is received by the 2nd respondent on 15.11.2016. Said representation is rejected by the 2nd respondent by order dated 08.12.2016 vide Annexure-A. The same is called in question in this writ proceedings on the premise that the land granted subsequently in Baskal village is nearly 100 k.m. away from 2 acres of land which is earlier granted, which is in H Rangapura village of Tarikere Taluk. Therefore, the grievance of the petitioner herein is that he cannot effectively cultivate both the lands simultaneously and it is practically impossible for him to carry out agricultural activities in two different places at the same time when they are located 100 k.m. apart. It is, in this back ground, he sought for relaxation of condition No.2 which restricts him not to encumber and alienate the land for period of 25 years.
2. Heard, learned counsel for the petitioner, as well as the learned Government Advocate appearing for respondents No.1 to 5. On going through material on record, this Court is of the considered opinion that relaxation of condition No.2 of grant certificate dated 10.3.2016 does not arise for consideration. In as much as, it would be contrary to the provisions governing the grant under the Displacement Scheme. Therefore, to tamper with the said condition is not permissible.
3. However, considering the fact situation, this Court feel that, if an application is made by the petitioner herein seeking grant of 1 acre of land alternatively in lieu of the land granted to him in sy.No.23/P4 of Baskal village, Chikmagalur District, preferably, anywhere near the land which is already granted in H Rangapura village Tarikere Taluk within the radius of 5-6 k.ms to said land, the same would enable him to effectively take cultivation of both lands. Therefore, it would be proper for 2nd respondent-Deputy Commissioner to take lenient view in the matter and consider shifting of grant of one acre land from Bhaskal village to any place nearer to the land already granted in H.Rangapura. It is also observed that, if the petitioner is able to demonstrate that any land is available anywhere closure to H Rangapura nearer to the land already granted to him, the same should be considered and an appropriate order in that regard should be passed without causing harassment to him by citing any of the provisions as coming in the way of considering his application for exchange of land. With such observation this writ petition is disposed of.
4. While disposing of this writ petition, further observation is made that in the event of any application is filed seeking exchange of land, same shall be considered and appropriate orders should be passed by the 2nd respondent-Deputy Commissioner within 90 days from the date of receipt a copy of the said application, who is competent to consider the same.
Sd/- JUDGE Psg*