IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P.NOs.46596-46600/2019 (KLR-REG) BETWEEN:
1 . SRI. MANJUNATH S/O LATE EERAPPA AGED ABOUT 34 YEARS RESIDING AT BHAVARAHALLI VILLAGE, KASABAHOBLI BANGARAPET TALUK, KOLAR DISTRICT PIN – 563 114.
2 . SMT. MANJULA M W/O SRINIVASA AGED ABOUT 37 YEARS RESIDING AT BHAVARAHALLI VILLAGE, KASABAHOBLI BANGARAPET TALUK, KOLAR DISTRICT PIN – 563 114.
3 . SMT. GIRIJA W/O RAMWSH M AGED ABOUT 30 YEARS RESIDING AT BHAVARAHALLI VILLAGE, KASABAHOBLI BANGARPET TALUK, KOLAR DISTRICT PIN – 563 114.
4 . SRI. NARAYANAPPA S/O MUNIVENKATAPPA AGED ABOUT 45 YEARS RESIDING AT BHAVARAHALLI VILLAGE, KASABAHOBLI BANGARPET TALUK, KOLAR DISTRICT PIN – 563 114.
5 . SRI. R. BINDUMADAVA S/O RAMACHANDRAPPA AGED ABOUT 26 YEARS RESIDING AT NO.1533 5TH CROSS, VIJAYANAGAR BANGARAPET KOLAR DISTRICT PIN – 563 114.
(BY SRI. CHOWDAREDDY T.M, ADVOCATE) ...PETITIONERS AND:
1 . THE STATE OF KARNATAKA REPRESENTED BY ITS PRINICPAL SECRETARY TO REVENUE DEPARTMENT, M.S. BUILDING BENGALURU – 560 001.
2 . THE STATE OF KARNATAKA RERESENTED BY THE SECRETARY TO FOREST DEPARTMENT, M.S. BUILDING BENGALURU - 560 001.
3 . THE DEPUTY CONSERVATOR OF FOREST KOLAR DISTRICT, KOLAR – 563 126.
4 . THE ASSISTANT CONSERVATOR OF FOREST BANGARPET SUB-DIVISION BANGARAPET KOLAR DISTRICT – 563 114.
5 . THE RANGE FOREST OFFICER (SOCIAL) BANGARPET, KOLAR DISTRICT -563 114.
6 . THE THASILDHER BANGARPET TALUK KOLAR DISTRICT – 563 114. (BY SRI. Y.D. HARSHA, AGA) …RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSTITUTE COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED OCCUPATION AND CULTIVATION AT BANGARPET TALUK AND FURTHER DIRECT DISPOSAL OF APPLICATIONS OF THE PETITIONERS FOR REGULARIZATION COPIES OF WHICH ARE PRODUCED AT ANNX-B, B1 TO B4 AS EXPEDITIOUSLY AS POSSIBLE WHITHIN THE TIME FRAME TO BE FIXED BY THIS HO’BLE COURT.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri.T.M.Chowdareddy, learned counsel appearing for petitioners and Sri. Y.D.Harsha, learned Government Advocate appearing for respondents. Perused the records.
2. Petitioners are seeking for a writ of mandamus to respondents to constitute a committee for regularization of authorized occupation and cultivation insofar as Bangarpet Taluk and for a further direction to dispose of the applications filed by petitioners vide Annexure-B, B1 to B4 expeditiously within a time frame.
3. Under similar circumstances, this Court in W.P.Nos.25195-199/2019 and connected matters disposed of on 27.09.2019 had directed the first respondent therein namely, first respondent herein to constitute Bagar Hukum committee within a period of three months from date of receipt of copy of the order, having regard to the affidavit filed by the Principal Secretary, Government of Karnataka, Revenue Department. In the said writ petitions, this Court had observed:
“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”.
Hence, petitioner would be entitled to similar relief in this petition also.
Hence, I proceed to pass the following;
ORDER (1) Writ petition is allowed in part.
(2) First respondent is directed to constitute Bagar Hukum Committee as undertaken in W.P.Nos.29195- 199/2019 and connected matters disposed of on 27.09.2019 and on such constitution of committee, sixth respondent herein shall place the applications of petitioners before said committee within one month after constitution of said committee, which shall dispose of the applications of petitioners expeditiously and at any rate within three months from the date of applications being placed before said committee.
(3) No precipitative action shall be taken by respondents insofar as lands for which petitioners have filed applications for regularization of their unauthorized cultivation.
Sri.Y.D.Harsha, learned Government Advocate is permitted to file memo of appearance within three weeks from today.
SD/- JUDGE RU