Next > IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P. NO.48783/2019 (KLR-REG) BETWEEN:
SRI. VENKATAPPA S/O K. CHENNAPPA AGED ABOUT 52 YEARS AGRICULTURIST UTTARI VILLAGE UTTARAHALLI HOBLI BANGALORE SOUTH TALUK BANGALORE – 560 082.
(BY SRI. JAGADEESHACHARI, ADVOCATE) AND:
1 . STATE OF KARNATAKA BY ITS SECRETARY REVENUE DEPARTMENT M.S. BUILDING BANGALORE – 560 001.
2 . THASILDAR BANGALORE SOUTH TALUK BANGALORE – 560 009.
3 . THASILDAR RAMANAGARAM RAMANAGARAM DISTRICT PIN – 562 159.
4 . THE CHAIRMAN REGULARIZATION OF ...PETITIONER UNAUTHORIZED CULTIVATION LAND GRANT COMMITTEE RAMANAGARAM PIN – 562 159.
(BY SRI. Y.D. HARSHA, AGA) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTIONS TO THE R-4 TO CONSIDER THE FORM NO.53, RELATING TO THE EXTNT OF 1 ACRE 27 GUNTAS OF SY. NO.219, SITUATED AT KADIYALA KARINAHALLI VILLAGE, BIDADI HOBLI, RAMANAGARA TALUK AND DISTRICT, BY WAY OF WRIT OF MANDAMUS; AS PER ANNX-‘E’ DATED:04.08.2010.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri. Jagadeeshachari, learned counsel appearing for petitioner and Sri.Y.D.Harsha, learned Additional Government Advocate appearing for respondents. Perused the case papers.
2. Petitioner filed Form No.53 seeking for regularization of his unauthorized cultivation and possession of land measuring 3 acres situated at Uttari Village, Uttarahalli Hobli, Bangalore South Taluk, Bangalore Rural District, by indicating in his application that he is in possession of land in Sy.No.112 of said village. At the time of conducting spot inspection by revenue authorities it was noticed that said land is in boundary between Bangalore Rural District and Ramanagara District namely, it was noticed that 1 acre 13 guntas is situated in Sy.No.112 falling under jurisdiction of Bangalore Rural District and remaining 1 acre 27 guntas in Sy.No.219 of same village was situated in Ramanagara District. Insofar as, claim for grant of land falling within Sy.No.112 came to be considered and petitioner is said to have been granted said extent i.e., 1 acre 30 guntas in Sy.No.112. In this factual scenario, application of petitioner for grant of remaining extent i.e., 1 acre 27 guntas in Sy.No.219 of the same village which is falling within the jurisdiction of Ramanagara District, came to be forwarded by the jurisdictional Tahsildar i.e., second respondent to Ramanagara District Tahsildar i.e., respondent No.3 by communication dated 04.08.2010- Annexure-E. On account of said request or application of petitioner having not been considered by fourth respondent- Committee, petitioner is before this Court.
3. It is not in dispute that constitution of Bagar Hukum Committees across the State is yet to take place. On account of number of matters pending before this Court, appropriate Government was called upon to place on record time schedule within which constitution of such Committees would take place and in W.P.No.25195/2019 disposed of 27.09.2019 an affidavit of the Principal Secretary, Department of Revenue came to be filed and after placing said affidavit on record, this Court disposed of the writ petition by issuing following direction:
“4. Having regard to the affidavit filed by the Principal Secretary to the Government, Department of Revenue and the fact that applications of the petitioners have been pending for the past 27 years, it would be appropriate to issue direction to first respondent to constitute Bagar Hukum committee expeditiously, at any rate, within three months from the date of receipt of this order. On such constitution of the committee, third respondent shall place such applications before the committee who shall dispose of such applications expeditiously, at any rate, within three months from the date of such constitution.”
4. Petitioner in the instant case having already been granted land by considering the said application, only a formal order will have to be passed by the fourth respondent for grant of remaining extent i.e., 1 acre 27 guntas situated in Sy.No.219 of Kodiyala Karinalli Village, Ramanagara District. Hence, if direction to the said effect is issued it would suffice and meet the ends of justice.
In the light of aforestated facts, I proceed to pass the following:
Next >