IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 27TH DAY OF FEBRUARY, 2017 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH WRIT PETITION NO.58248 OF 2016(KLR-REG) AND WRIT PETITION NOS.58444-58445 OF 2016(KLR-REG) BETWEEN:
1. SRI V.G.PARAMESHWARAPPA S/O VADDINA GAGANNA, AGED ABOUT 50 YEARS, ADVOCATE, R/O DADAGUR VILLAGE (POST), MOLAKALMUR TALUK – 577 535 CHITRADURGA DISTRICT.
2. SRI S.CHANDRANNA S/O LATE SANNA SURAIAH, AGED ABOUT 40 YEARS, R/O NERALAGUNTE POST, NAYAKANAHATTI HOBLI, CHALLAKERE TALUK – 577 522 CHITRADURGA DISTRICT.
3. SMT.BOMMAKKA W/O N.ERANNA, AGED ABOUT 35 YEARS, R/O TALAKU VILLAGE (POST), TALUKU HOBLI, CHALLAKERE TALUK – 577 522 CHITRADURGA DISTRICT. ... PETITIONERS (BY SRI P.D.SUBRAMANYA, ADVOCATE FOR SRI S.P.KULKARNI, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL SECRETARY (INCHARGE), DEPARTMENT OF REVENUE (LAND GRANT-3) M.S.BUILDING, BENGALURU – 560 001.
2. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT, CHITRADURGA – 577 501.
3. TAHSILDAR MOLAKALMURU TALUK, MOLAKALMURU – 577 535, CHITRADURGA DISTRICT.
4. SRI T.KUMAR S/O T.A.TIPPESWAMY, AGED ABOUT 50 YEARS R/O TALAKU VILLAGE, CHALLEKERE TALUK, CHITRADURGA DISTRICT – 577 522.
5. SRI V.T.SHANKAR MURTHY S/O TIPPESWAMY, AGED ABOUT 35 YEARS, R/O VARAVU VILLAGE, CHALLEKERE TALUK, CHITRADURGA DISTRICT – 577 522.
6. SMT.ASHWINI ASHOK W/O R.M.ASHOK, ADVOCATE, AGED ABOUT 40 YEARS, R/O RAMPUR VILLAGE, MOLAKALMURU TALUK, CHITRADURGA DISTRICT, PIN:577 535. ... RESPONDENTS (BY SRI H.VENKATESH DODDERI, AGA FOR R1 TO R3 SRI MOHAMED RIZWAN AHAMED, ADVOCATE FOR R4 R5 & R6-SERVED AND UNREPRESENTED) ***** THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 3.11.2016 PASSED BY THE FIRST GOVERNMENT ADDL.SECRETARY (INCHARGE), REVENUE DEPARTMENT (LAND GRANT-3), GOVERNMENT OF KARNATAKA, M.S.BUILDING, BENGALURU, BEING ARBITRARY ERRONEOUS AND OPPOSED TO LAW EQUITY AND JUSTICE ( ANNEXURE-B), IN SO FAR IT RELATES TO REPLACING THE R4 TO 6 IN PLACE OF THE PETITIONERS 1 TO 3 HEREIN.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioners were appointed as Members of the Committee constituted under Section-94(A) of the Karnataka Land Revenue Act, 1964 (for short ‘Act’) in terms of an order dated 26.10.2016, vide Annexure-A. Thereafter, the Government thought it fit to revise the Members of the Committee by appointing new members by passing an order dated 03.11.2016, vide Annexure-B. The same is under challenge here.
2. The learned counsel for the petitioners contend that it is with utmost haste that the Government has appointed the new members. That there is infraction of law while passing Annexure-B.
3. However, the learned Government Advocate places reliance on Rule-108E of the Karnataka Land Revenue Rules, 1966, (for short ‘Rules’) to contend that the obligation is to appoint three persons, one is woman and another from SC/ST. There is no other restriction on the State. The State in its wisdom has thought it fit to appoint the said members.
4. The State having complied with the requirements of Rule-108E, has passed the impugned order vide Annexure-B. It cannot be said that it violates law. Furthermore, it is the discretion of the State to appoint Members. Just as in the same manner Annexure-A was passed to appoint the petitioners, Annexure-B has been presently issued to appoint some other persons. It is at the discretion of the State to do so. Since there is no infraction of law, I find no good ground to entertain the petition. Consequently, the writ petitions being devoid of merit are dismissed.
SD/- JUDGE JJ