IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.36572/2018(KLR-REG) BETWEEN SRI PANDURANGA S/O LATE NARASIMHAMURTHY, AGED ABOUT 44 YEARS R/AT CHATRA VILLAGE BIDADI HOBLI RAMANAGARA TLAUK AND DISTRICT- 562 109 ... PETITIONER (BY SRI S M KULKARNI, ADVOCATE) AND 1. STATE OF KARNATAKA BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, VIDHANA SOUDHA, BANGALORE - 560001 2. THE DEPUTY COMMISSIONER KANDAYA BHAVAN, BENGLAURU RURAL DISTRICT, BANGALORE 560 009 3. THE ASSISTANT COMMISSIONER RAMANAGARA SUB-DIVISION, RAMANAGARA-562 159 4. THE TAHASILDAR RAMANAGAR TALUK RAMANAGARA-562 159 5. THE DIVISIONAL CONTROLLING OFFICER BANGALORE RURAL DIVISION, KSRTC HIGH TECH BUS DEPOT, BANGALORE-560 025 ... RESPONDENTS (BY SRI VENKATESH DODDERI, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOs.1 TO 4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NOS.1 TO 4 HEREIN TO GRANT AN ALTERNATE LAND TO THE PETITIONER IN LIEU OF HIS REGULARIZATION OF THE OCCUPATION IN RESPECT OF SY.No.90 MEASURING AN EXTENT OF 34 GUNTAS AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned Additional Government Advocate takes notice for respondent Nos.1 to 4.
2. The petitioner is seeking a writ of mandamus in directing respondent Nos.1 to 4 to grant an alternate land to him in lieu of the land measuring to an extent of 34 guntas in Sy. No.90 situate in Bananduru village, Bidadi hobli, Ramanagara Taluk and District, which was in his unauthorized possession and cultivation. Petitioner has also sought for other appropriate order or direction, which this Court deems fit in the facts and circumstances of the case.
3. The brief facts leading to this petition are as under:
3.1 The petitioner filed application in Form No.53 dated 28.12.1998 (Annexure ‘A’ to the petition) seeking regularization of his unauthorized cultivation and occupation of 01 Acre of land in Sy. No.90 situate in Bananduru village. It is stated that pursuant to the said application, proceedings No.LND.CR.735/99-2000 vide Annexure ‘B’ to the petition were initiated before the Committee for Regularization of Unauthorized Cultivation of lands / Land Grant Committee, Ramanagara Taluk, (hereinafter referred to as ‘the Committee’ for brevity) and on conducting survey, it was found that the petitioner herein was in unauthorized cultivation of the land measuring to an extent of 34 guntas in Sy. No.90. It is seen that the Committee in its meeting held on 06.02.2004 decided to regularize unauthorized occupation of 34 guntas of land in Sy. No.90 in favour of the petitioner herein and certain other extents of land in the said survey number in favour of three other persons as per the resolution vide ‘Annexure C’ to the petition.
3.2 It is stated that the petitioner pursuant to the direction of the Committee had paid a sum of Rs.2,106/- towards T.T. amount in favour of the Government treasury on 25.02.2004, copy of which is at Annexure ‘E’ to the petition. It is the grievance of the petitioner that he had complied with all the requirements in respect of regularization of the land in question and what was required to be considered by respondent Nos.1 to 4 was only issuance of saguvali chit pursuant to the resolution / order dated 06.02.2004 passed by the Committee.
3.3 It is further stated that subsequently, in the year 2014, when the petitioner learnt that the land in question had been acquired for the benefit of respondent No.5 - Karnataka State Road Transport Corporation (for short, ‘KSRTC’) for the purpose of construction of a high-tech bus depot, he gave representation to the fourth respondent stating that the Committee had approved regularization of his unauthorized occupation of the land in question and that he had paid T.T. amount to the Government treasury and accordingly, he sought for issuance of saguvali chit in his favour.
3.4 In response to the same, respondent No.4 issued endorsement dated 04.07.2013 (Annexure ‘F’ to the petition) bearing No.R.R.T/03/13-14 to the effect that he was not competent to adjudicate the matter. Against the said endorsement, the petitioner filed appeal, which was numbered as R.A./183/2013-14, under Rule 108D(6) of the Karnataka Land Revenue Rules, 1966, before the Assistant Commissioner, Ramanagara, who issued endorsement dated 30.09.2013 (Annexure ‘G’ to the petition) to the effect that he was not the competent authority to deal with the appeal and directed the petitioner herein to approach the appropriate Forum.
3.5 Subsequently, the petitioner filed appeal, which was numbered as L.N.D/R.A.1/2014-15, under Section 50 of the Karnataka Land Revenue Act, 1964 read with Rule 108D of the Karnataka Land Revenue Rules, 1966, before the Deputy Commissioner, Ramanagara District, Ramanagara. The Deputy Commissioner after considering the material on record, has issued endorsement dated 07.10.2014 (Annexure ‘H’ to the petition) stating that the Deputy Commissioner, Bengaluru Rural District, vide official reminder / order No.L.N.D.(R).CR.25/2006-07 dated 15.03.2007, had granted the land measuring 05 Acres 18 guntas (actual extent is 05 Acres 36 guntas) in Sy. No.90 in favour of KSRTC., for the purpose of construction of hi-tech bus depot.
3.6 It is further stated that the petitioner being aggrieved by the endorsement dated 07.10.2014 issued by Deputy Commissioner filed appeal bearing No.1175/2014 before the Karnataka Appellate Tribunal (KAT), however the same could not be prosecuted and said appeal came to be dismissed by the KAT.
3.7 The petitioner has referred to the letter dated 28.06.2006 (Annexure ‘K’ to the petition) addressed by Tahasildar, Ramangara Taluk, to Deputy Commissioner, Bengaluru Rural District, bringing to his notice that the land in question could not be granted in favour of the applicant – petitioner herein and other similarly situated persons in the light of the order dated 22.09.2005 passed by coordinate Bench of this Court in W.P. No.14048/2005. Petitioner has produced copy of the official reminder / order dated 26.12.2006 (Annexure ‘L’ to the petition) bearing No.LND(Ra)CR.25/06-07 issued / passed by the Deputy Commissioner, Bengaluru Rural District, whereby land measuring 05 Acres 36 guntas in Sy. No.90 was granted in favour of the fifth respondent herein - KSRTC for the purpose of construction of hi-tech bus depot. It is in this background, the petitioner has filed the present petition seeking the aforesaid relief.
4. Heard the learned counsel for the petitioner and the learned Additional Government Advocate appearing for respondent Nos.1 to 4. Perused the material on record.
5. It is clearly seen that the order dated 26.12.2006 (Annexure ‘L’ to the petition) passed by the Deputy Commissioner, respondent No.2 herein, in granting the aforesaid land in favour of respondent No.5 - KSRTC cannot be subject to challenge in this proceedings. However, the same would not take away the right of the petitioner herein to seek compensation in respect of the said 34 guntas of land in Sy. No.90, which has been acquired for the benefit of respondent No.5 herein.
6. Hence, liberty is reserved to the petitioner herein to initiate appropriate proceedings before the competent authority for seeking compensation in respect of the land measuring to an extent of 34 guntas in Sy. No.90, which has been utilized for the benefit of respondent No.5. Accordingly, this Writ Petition is disposed of.
7. Learned Additional Government Advocate is directed to file memo of appearance within two weeks from today.
Sd/- JUDGE sma