IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.46278/2018(KLR-LG) BETWEEN:
SRI SURESH B A S/O LATE B.M.APPAIAH, AGED ABOUT 51 YEARS, R/AT KANDANGALA GRAMA AND POST VIRAJPET TALUK-571218. ... PETITIONER (BY SRI RANJAN KUMAR K, ADVOCATE) AND 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT M.S.BUILDING AMBEDKAR ROAD BENGALURU-560001 REPRSENTED BY ITS CHIEF SECRETARY.
2. THE DEPUTY COMMISSIONER KODAGU DISTRICT MADIKERI-571201 3. THE TAHSILDAR VIRAJPET TALUK, MADIKERI-571218. ... 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 RESPONDENT NOS.2 AND 3 TO PASS AN ORDER GRANTING THE SCHEDULE PROPERTY TO THE PETITIONER AS DEMARCATED IN THE SKETCH [ANNEXURE-J] AND ETC.
THIS WRIT PETITION 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 direction to respondent Nos.2 and 3, namely, Deputy Commissioner, Kodagu District, and Tahasildar, Virajpet Taluk, to pass an order granting the petition schedule property i.e., land measuring 10 Acres in Sy. Nos.161 and 161/2 situate at Kongana village, Virajpet Taluk, South Kodagu, to him as demarcated in the sketch, copy of which is at Annexure ‘J’ to the petition. He is also seeking direction to respondent Nos.2 and 3 to consider his application for allotment of the petition schedule land under Ex- servicemen quota, which has been forwarded by Major, Quartermaster for Commandant, to the Deputy Commissioner, Kodagu district, on 24.07.1997 (Annexure ‘A’ to the petition) and his representation dated 13.08.2015 (Annexure ‘G’ to the petition) and statement given by him on 21.10.2015 (Annexure ‘H’ to the petition).
2. The petitioner herein is claiming himself to be an Ex-serviceman. According to him, his father-in-law, Sri T.A.Somaiya / T.A. Somaiah, was in possession of the Government paisary land measuring to an extent of 7.80 Acres in Sy. No.162 and 02 Acres in Sy. No.161 situate at Kondangana village, Virajpet Taluk, South Kodagu. His father- in-law made an application in Form No.1 in the year 1969 before the third respondent – Tahasildar seeking grant of a portion of the petition schedule land and though survey was conducted in that behalf, the petition schedule land was not granted to Sri T.A. Somaiah during his life time. After the death of his father-in-law, the petitioner continued in possession of the petition schedule land. Hence, in the present writ petition, he is seeking direction to the respondent Nos.2 and 3 to consider his application for grant of the petition schedule land under Ex-servicemen quota.
3. In this background, respondent No.3 - Tahasildar of Virajpet Taluk, was directed to be present before this Court by order dated 28.03.2019. In the said order, Tahasildar was also directed to produce the original records in respect of land in Sy. Nos.161 and 162 of Kongana village, Virajpet Taluk, South Kodagu. In response to that, Sri B.M. Govindaraju, Tahasildar of Virajpet Taluk, is present before this Court today. He would submit that lands in Sy. Nos.161 and 162 of Kongana village are paisari lands and same cannot be considered for grant and even if there is any unauthorized occupation in the said land/s, the same cannot be regularized. Eventually, the said land/s will have to be resumed by the Government by removing any encroachment thereon. With reference to the application, which is said to have filed by the petitioner for regularization of the very same land/s, he would bring to the notice of this Court that initially the application was filed by his father-in-law, Sri T.A.Somaiah seeking regularization of the land, which was said to be in his unauthorized cultivation and enjoyment. The said land is paisari forest land. In the original record of Jamabandi un-
assessed area etc. for Kongana village for the period from 1979 to 2000 at page No.139, it is shown that land in Sy. Nos.161 and 162 belonged to forest department (Aranya ilakhe). He would also state that earlier an application was filed by the petitioner’s father-in-law seeking regularization of his unauthorized cultivation of the said land. Considering the said application, two items of land were already given to son and daughter-in-law of the said T.A. Somaiah (petitioner’s father-in-law). In that behalf, respondent No.3 has produced copy of RTC in respect of land in Sy. No.141, wherein names of Sri T.S. Mandanna (son of late Somaiah) and Smt.Prema, wife of Sri T.S. Devaiah, are mentioned in column No.9. It is seen that both of them have been granted land measuring 04 Acres 95 cents each in Sy. No.141. Hence, the question of considering the application, which was filed by Sri T.A. Somaiah, the father-in-law of the petitioner, in respect of the petition schedule land does not arise for consideration. In addition to that, the request of the petitioner for grant of the petition schedule land cannot be considered for the reason that it is a paisari forest land.
4. In that view of the matter, this Court is of the considered opinion that the prayer sought for issue of direction to respondent Nos.2 and 3 to consider grant of the petition schedule land does not arise.
5. Accordingly, this Writ Petition is disposed of with liberty to the petitioner to file necessary application seeking grant of land under ‘Ex-servicemen quota’ and as and when land is available, respondents to consider grant of the same in favour of the petitioner in accordance with law.
6. Learned Additional Government Advocate is directed to file memo of appearance within two weeks from today.
Sd/- JUDGE sma