IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.56148/2018(KLR-REG) BETWEEN SRI VENKATARAMANAPPA S/O LATE KAVERAPPA, AGED ABOUT 68 YEARS R/AT SONNA NAYAKANAPURA, INDLAVADI POST, KASABA HOBLI, ANEKAL TALUK-560 107 BENGALURU URBAN DISTRICT ... PETITIONER (BY SRI FAYAZ SAB B G, ADVOCATE) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE M.S.BUILDING BENGALURU-560 001 2. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT BENGALURU-560 009 3. THE ASSISTANT COMMISSIONER BANGALORE SOUTH SUB-DIVISION KANDAYA BHAVANA BENGALURU-560 009 4. THE TAHASILDAR ANEKAL TALUK, ANEKAL TOWN-560 106 BENGALURU URBAN DISTRICT.
5. THE TAHASILDAR & SECRETARY COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED CULTIVATION OF LANDS, ANEKAL TALUK, ANEKAL-560 106 BENGALURU URBAN DISTRICT. ... RESPONDENTS (BY SRI VENKATESH DODDERI, AGA FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE APPLICATIONS SUBMITTED IN FORM NO.53 BY THE PETITIONER FOR GRANT/REGULARIZATION OF UNAUTHORIZED OCCUPATION OF IMMOVABLE AGRICULTURAL PROPERTY BEARING SY.10, MEASURING 1 ACRES AND 20 GUNTAS OF AGRICULTURAL LAND, SITUATED AT SONNA NAYAKANAPURA VILLAGE, INDLUVADI POST, KASABA HOBLI, ANEKAL TALUK, BANGALORE URBAN DISTRICT, WHICH IS A GOVERNMENT LAND AS CONSIDERED IN OTHER SIMILARLY PLACED CASES AS PER THE ORDER DATED 01.06.1992 PASSED IN W.P.NOs.16037 TO 16048/1992 AND ANOTHER ORDER DATED 15.07.2015 PASSED IN W.P.NOs.48638-48640/2014, WHICH IS PRODUCED AND MARKED AS ANNEXURE-H.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner herein is applicant in Form No.53 seeking regularization of his unauthorized cultivation of land bearing Sy.No.10 of Sonnanayakanapura village, Kasaba Hobli, Anekal Taluk, Bengaluru Urban District, measuring to an extent of 1 acre 20 guntas.
2. Admittedly, the application in Form No.53 was filed by the petitioner on 23.12.1998. Thereafter, inspite of several communications, no steps were taken by the authorities to place his application before the Committee for Regularization of his Unauthorized Cultivation. Hence, he has come up in this writ petition seeking writ of mandamus to respondents to consider his application.
3. This day, when this matter is taken up for consideration in the presence of the learned counsel for the petitioner as well as the learned Additional Government for the State, the learned Additional Government Advocate would bring to the notice of this Court that in the light of amended provisions of Section 94A of the Karnataka Land Revenue Act, 1964, which has come into force on 20.3.1991 the lands which are falling within 18 kms., from BBMP limits, cannot be considered for regularization of unauthorized cultivation, which is pursuant to a circular issued vide notification bearing No.RD.43.LGP.91, dated 19.3.1991. Further to this, he would state that the Karnataka Public Land Corporation Limited has issued a communication dated 22.12.2010, where the aforesaid provision of Karnataka Land Revenue Act is reiterated and the villages which come within 18 kms., from BBMP limits are also listed out, where the village in which the petitioner is claiming that he is carrying on agricultural activity unauthorizedly is referred to at Sl.No.142.
4. Therefore, in the aforesaid circumstances, this Court is of the considered opinion that the writ petition filed by the petitioner cannot be entertained and his prayer for issue of direction to the authorities to consider his application also does not survive for consideration.
Accordingly, this writ petition is dismissed.
Sd/- JUDGE nd/-