IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE S. N. SATYANARAYANA WRIT PETITION NO.576 OF 2019 (KLR-RES) BETWEEN:
SRI NANJUNDAPPA S/O LATE SRI VENKATARAMANAPPA AGED ABOUT 70 YEARS R/AT DODDATHIMMASANDRA VILLAGE SARJAPUR HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT - 562106 ... PETITIONER (BY SRI. C. R. GOPALASWAMY, ADV.) AND 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE REPRESENTED BY ITS PRINCIPAL SECRETARY VIDHANA SOUDHA BENGALURU-560 001 2. THE COMMITTEE FOR REGULARISATION OF UNAUTHORISED CULTIVATION ANEKAL TALUK, ANEKAL REP.BY ITS SECRETARY BENGALURU URBAN DISTRICT - 562106 3. THE TAHSILDAR ANEKAL TALUK, ANEKAL BENGALURU URBAN DISTRICT - 562106 ... RESPONDENTS (BY SRI. VENKATESH DODDERI, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS 2 AND 3 TO CONSIDER THE APPLICATION OF THE PETITIONER DATED 16.11.1998 IN SY.NO.86/p32 (OLD SY.NO.86) OF DODDATHIMMASANDRA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT, MEASURING 1 ACRE VIDE ANNEXURE-C; DIRECT THE RESPONDENTS NOT TO DISPOSSESS THE PETITIONER IN SY.NO.86/p32 (OLD SY.NO.86) OF DODDATHIMMASANDRA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT, MEASURING 1 ACRE VIDE ANNEXURE-C.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner herein is seeking regularization of his alleged unauthorized cultivation of one acre of land in Sy.No.86 of Doddathimmasandra Village, Sarjapura Hobli, Anekal Taluk, Bengaluru Urban District.
2. Admittedly, he has filed an application in Form No.53. It is stated that his application is filed on 16.11.1998 before the respondent No.3 – Tahsildar seeking regularization of unauthorized cultivation. In support of his application, he would also rely upon the report of Revenue Inspector which is put up by the Deputy Tahsildar in contending that the said land is situated 24 kms. away from the city limits. However, subsequently a government circular is issued in RD 168.LGP 2014 dated 18.09.2014 where, pursuant to the notification therein, as contemplated under Section 94A of the Karnataka Land Revenue Act, 1964 r/w Rule 108I of Karnataka Land Revenue Rules, 1966, the lands which are situated within 18 kms. from BBMP limits are not available for regularization of unauthorized cultivation.
3. In the instant case, the aforesaid notification would indicate that the land in question is situated within 18 kms. from BBMP limits. As such, the said application cannot be considered in the light of the aforesaid circular. Accordingly, this writ petition is dismissed, as the same does not merit consideration.
Sd/- Judge RD