IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NOs.1941-1943/2018(KLR-LG) BETWEEN SRI SADASHIVA MADIVALA AGED ABOUT 70 YEARS, S/O LATE ANTHA MADIVALA, RESIDING AT DEVASTHAN BETTU, HEBRI POST, HEBRI-576 112 KARKALA TALUK UDUPI DISTRICT. ... PETITIONER (BY SRI RAMESHCHANDRA, ADVOCATE) AND 1. STATE OF KARNATAKA REPRESENTED BY ITS REVENUE SECRETARY, AMBEDKAR VEEDHI, BENGALURU-560 001 2. THE LAND GRANT COMMITTEE KARKALA – 574 104 REPRESENTED BY ITS CHAIRMAN.
3. ASSISTANT COMMISSIONER KUNDAPURA SUB-DIVISION KUNDAPURA- 576 201 4. DEPUTY COMMISSIONER UDUPI DISTRICT, RAJATHADRI MANIPALA – 576 104. ... RESPONDENTS (BY SRI VENKATESH DODDERI, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOs.1 TO 4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ANNEXURE-A ENDORSEMENT DATED 01.10.1993 ISSUED BY THE LAND GRANT COMMITTEE KARKALA AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner herein is seeking quashing of: the order dated 01.10.1993 (Annexure ‘A’ to the petitions) passed by Akrama Sakrama Committee / Land Grant Committee, Karkala, in proceedings No.EDR(1).SR.132/1992-93; the order dated 11/02/2015 (Annexure ‘A1’ to the petitions) passed by Assistant Commissioner, Kundapura sub-division, Kundapura, in proceedings No.REV(3).SR.7/2014-15 and the order dated 19.06.2017 (Annexure ‘A2’ to the petitions) in proceedings No.CDS.NCR.SR.11/2016-17 on the file of Deputy Commissioner, Udupi District, Rajatadri, Manipala.
2. It is the case of the petitioner that he is the owner of warga land measuring 01 Acre 66 cents in Sy. No.74/1 situate in Hebri village, Karkala Taluk, and he has encroached to an extent of Government land measuring 0-24 cents in Sy. No.74/3 of the same village and using it as kumki land for the better cultivation of his warga land. It is stated that he made an application in form No.50 for regularization of his unauthorized cultivation in respect of the said land (0.24 Acre in Sy. No.74/3) and same was placed before the Akrama Sakrama Committee.
3. The said Committee noticed that the petitioner herein was in unauthorized occupation of 0-09 Acre of land in Sy. No.74/3 in Hebri village, but his claim for regularization of the land in question could not be considered as the same was kumki land attached to the warga land bearing Sy. No.74/2. In that behalf, endorsement dated 11.10.1993 (Annexure ‘A3’ to the petitions) was issued by Tahasildar, Karkala Taluk, to the petitioner intimating him that his application in Form No.50 for regularization of the land in question had been rejected.
4. The said endorsement was the subject matter of challenge in appeal No.REV(3).SR.7/2014-15 preferred by the petitioner herein under Section 49 of the Karnataka Land Revenue Act, 1964, before the third respondent. The Assistant Commissioner after considering the contentions of the learned counsel for the appellant and the documents available on record, rejected the said appeal vide order dated 11.02.2015.
5. Against the said order of Assistant Commissioner, the petitioner herein preferred an appeal, which was numbered as CDS.NCR.SR.11/2016-17, under Section 50 of the Karnataka Land Revenue Act, 1964, before the fourth respondent – Deputy Commissioner contending that he was in peaceful possession and enjoyment of the Government land measuring 0.24 Acre in Sy. No.74/3 since 1980 and that he was not provided sufficient opportunity to put forth his case before the Assistant Commissioner.
6. The fourth respondent – Deputy Commissioner after securing the original records from the office of Tahasildar, noticed that the land measuring to an extent of 0.24 Acre in Sy. No.74/3, which the petitioner herein had sought for regularization by filing application in Form No.50 is the land in which the owner of warga land bearing Sy. No.74/2 had kumki rights. Accordingly, the fourth respondent by his order dated 19.06.2017, rejected the appeal filed by the petitioner herein by confirming the order dated 11.02.2015 passed by the third respondent – Assistant Commissioner in appeal No.REV(3).SR.7/2014-15.
7. However, it is seen that the Deputy Commissioner while confirming the orders passed by Akrama Sakrama Committee as well as Assistant Commissioner has opined that if the application were to be filed by the appellant – petitioner herein in Form No.53, his claim for regularization of the land in question could have been considered. However, such an observation has no meaning inasmuch as when the land in question itself is said to be kumki land attached to another warga land bearing Sy. No.74/2, same cannot be considered for grant even if the application were to be filed by the petitioner in Form No.53. The said observation of the fourth respondent is of no significance to the petitioner herein seeking grant of the land in question.
8. In the fact situation, the impugned orders passed by the respondent - authorities appear to be just and proper. Therefore, the question of interfering with the same does not arise.
9. Accordingly, these Writ Petitions are dismissed.
10. Learned Additional Government Advocate is directed to file his memo of appearance within two weeks from today.
Sd/- JUDGE sma