IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NOS.42781-797/2017(KLR-RES) BETWEEN 1. SRI M.H.SHEKARAPPA S/O SRI HANUMANTHAPPA AGED ABOUT 53 YEARS 2. PRAKASH RAO S/O LATE NAGAPPA AGED ABOUT 38 YEARS 3. NAGARAJ RAO S/O KALLOJI RAO AGED ABOUT 57 YEARS 4. SMT.PUSHPA W/O SHIVAMURTHY AGED ABOUT 50 YEARS 5. LAKSHMAPPA S/O RAMANNA AGED ABOUT 68 YEARS 6. YELLOJI RAO S/O MALLAPPA AGED ABOUT 83 YEARS 7. RIYAZ AHAMED S/O MAMA SAB AGED ABOUT MAJOR 8. N.THIPESSAPPA S/O NAGAPPA AGED ABOUT MAJOR 9. KUMARI BHAI W/O RANGENAYAKA AGED ABOUT MAJOR 10. H.RANGANATHAPPA S/O HANUMANTHAPPA AGED ABOUT 67 YEARS 11. H.SHIVA MURTHY S/O HANUMANTHAPPA AGED ABOUT 58 YEARS 12. PEEKENAYAK S/O RAMANAYAK AGED ABOUT 60 YEARS 13. V.RAMACHANDRA RAO S/O SHIVALINGAPPA AGED ABOUT 46 YEARS 14. SANGAPPA S/O RAMANNA AGED ABOUT 70 YEARS 15. NAGARAJAPPA S/O RANGAPPA AGED ABOUT 54 YEARS 16. GANGAMMA W/O BASAPPA AGED ABOUT 72 YEARS 17. SRI. JAYAMMA W/O SHIVAPPA NAIK AGED ABOUT 43 YEARS ALL ARE RESIDING AT ARABILACHI VILLAGE BADHRAVATHI (TALUK) SHIVMOGGA (DISTRICT) -577 301. ...PETITIONERS (BY SRI DIWAKARA.K, ADVOCATE) AND :
1. STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY RURAL DEVELOPMENT DEPARTMENT M.S.BUILDING BENGALURU – 560 001 2. DEPUTY COMMISSIONER SHIVMOGGA (DISTRICT) SHIVMOGGA – 577 201 3. THE ASSISTANT COMMISSIONER SHIVMOGGA (TALUK) SHIVMOGGA(DISTRICT)-577 201 4. THASILDAR BADHRAVATHI TALUK BADHRAVATHI SHIVMOGGA DISTRICT – 577 201 …RESPONDENTS (BY SRI KIRAN KUMAR.T.L, AGA FOR R1 TO R4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE THASILDAR, BADHRAVATHI TALUK DATED 21.08.2017 VIDE ANNEXURE- G AND ETC., THESE WRIT PETITIONS COMING ON FOR FINAL DISPOSAL THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER These writ petitions are filed by 17 persons claiming themselves to be unauthorized cultivators in land bearing Sy.No.255 of Arebilachi Village, measuring to an extent of 9 acres 12 guntas. They are before this Court seeking to quash Annexure-G, dated 21.8.2017 in proceedings No.Sum:Kerevothuvarithavoo:viva:01:2017-18, which is referred to as an order in the prayer column of writ petitions. In fact, it is a memo by way of communication to (1) Panchayath Development Officer, Kudligere/Arabilachi Grama Panchayathi (2) Deputy Tahsildar, Holehonnur and Kudligere Hobli (3) Village Accountant, Arabilachi Circle (4) Village Accountatn, Kudligere – 1st Circle and (5) Taluka Surveyor, Bhadravathi. The said memo would indicate that Sy.No.255 of Nagasamudra Kere, Arabilachi village as well as Sy.No.102 of Tirukaiahnakere of Kalpanahalli village, which are said to have been encroached by various persons are required to be cleared off of encroachment on 23.9.2017 at about 7 a.m.
2. In these proceedings, on 20.9.2017 when this matter was posted before the Coordinate Bench of this Court, an interim order was granted in staying the operation of memo dated 21.8.2017, vide Annexure-G, passed by the Tahsildar, Bhadravathi Taluk and it was permitted to be in force up to 24.10.2017. Subsequently, when this matter came before this Court on 2.11.2017 the interim order granted earlier was not extended and the matter was ordered to be listed for final disposal two weeks thereafter.
3. Accordingly, the matter has come up before the Court for final hearing on 14.12.2017, on which day the learned Additional Government Advocate for respondent Nos.1 to 4 brought to the notice of this Court that the encroachment to aforesaid land bearing Sy.No.255 of Arabilachi, which is referred to as Nagasamudra Kere is cleared off of encroachment by Tahsildar on 14.11.2017 itself. However, he sought for a day’s time to secure instructions with reference to same and then to file a memo in that regard. Accordingly, this day the learned Additional Government Advocate has filed a memo along with the communication dated 14.12.2017 in the aforesaid reference number, in which the memo impugned is passed by the Tahsildar, which would clearly confirm that the Tahsildar has taken possession of 9 acres 12 guntas of land in Sy.No.255 and same being handed over to Grama Panchayath of Arabilachi. The said fact is further confirmed by the learned counsel for impleading applicant, which application is pending for consideration.
4. In the light of aforesaid subsequent development, this Court find that the present petitions have become infructuous. Accordingly, they are dismissed as having become infructuous.
In view of the dismissal of writ petitions, the pending applications seeking stay and impleading do not survive for consideration.
Sd/- JUDGE nd/-