IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF APRIL 2019 BEFORE THE HON’BLE Mr. JUSTICE S.N.SATYANARAYANA WRIT PETITION Nos. 5503-5504 OF 2018 (KLR-REG) BETWEEN:
1. SRI VENKATARAMAPPA S/O CHIKKAVEERAPPA AGED ABOUT 68 YEARS OCC: AGRICULTURE R/O KALAVANCHI TALUK: BANGARPET DISTRICT: KOLAR – 563 101.
2. SMT.LAXMAMMA W/O VENKATARAMAPPA AGED ABOUT 58 YEARS OCC: AGRICULTURE R/O KALAVANCHI TALUK: BANGARPET DISTRICT: KOLAR – 563 101. ...PETITIONERS (By Sri ASHOK S.MENSINAKAI, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF REVENUE M.S.BUILDING, Dr.AMBEDKAR VEEDHI BENGALURU-560 001 2. THE SECRETARY DEPARTMENT OF FOREST GOVERNMENT OF KARNATAKA VIDHANASOUDHA BENGALURU-560 001 3. THE DEPUTY COMMISSIONER KOLAR DISTRICT KOLAR – 563 101.
4. THE RANGE FOREST OFFICER DEPARTMENT OF FOREST BANGARPET, KOLAR DISTRICT – 563 101.
5. THE CONSERVATOR OF FORESTS DEPARTMENT OF FOREST KOLAR DISTRICT KOLAR – 563 101.
6. TAHASILDAR BANGARPET TALUK, BANGARPET KOLAR DISTRICT – 563 101.
7. THE CHAIRMAN LAND GRANT COMMITTEE BANGARPETE TALUK BANGARPET, KOLAR DISTRICT – 563 101. ...RESPONDENTS (By Sri VENKATESH DODDERI, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-6 TO PLACE THE APPLICATIONS OF THE PETITIONERS BEFORE THE LAND GRAND COMMITTEE, BANGARPETE AND DIRECT THE LAND GRANT COMMITTEE, TO DISPOSE OFF THE APPLICATIONS TO REGULARISE THE OCCUPATION OF THE PETITIONERS.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioners herein are seeking writ of mandamus directing the sixth respondent – Tahsildar, Bangarapete Taluk, Kolar District to place their applications before the Land Grant Committee, Bangarapete for consideration. While seeking such relief, they also would seek direction to the Land Grant Committee to dispose of their applications by regularizing their occupation to an extent of 4 acres in Sy.No.116 of Kalavanchi Village, Bangarapete Taluk.
2. Admiteddly, the regularization sought is in respect of 4 acres in Sy.No.116 of Kalavanchi Village, Bangarapete Taluk vide Annexures – ‘A’ and ‘B’. The total extent of land in Sy.No.116 of Kalavanchi Village, Bangarapete Taluk is said to be 247 acres. Out of that, 148 acres is said to be in possession and cultivation of various encroachers and remaining extent of 99 acres is available for grant, according to the petitioner.
3. On behalf of the State, it is stated that entire extent of 247 acres in the said survey number is notified in the name of the Forest Department. Therefore, in the fact situation, unless the extent that is available with the Forest Department and also with reference to the land in unauthorized cultivation is ascertained by conducting survey, it is not possible to assess the extent of land that is available for distribution under Section 94 of the Karnataka Land Revenue Act, 1964. It is stated, until it is clarified by issuing Notification, the prayer of the petitioners cannot be considered.
4. The submission of the learned AGA is placed on record.
5. These writ petitions are disposed of with a direction to the respondents to make sure that the entire extent in Sy.No.116 of Kalavanchi Village, Bangarapete Taluk, Kolar District is to be surveyed, taking into consideration the extent of land, which is already granted in favour of the Forest Department. If any excess land is available with the Revenue Department and if such extent of land is in occupation of the petitioners herein, then the Tahsildar may take into consideration the applications of the petitioners and place the same before the seventh respondent – Land Grant Committee for considering the applications of the petitioners for regularization of their unauthorized occupation, otherwise, to notify them with necessary endorsement.
With such observation, these writ petitions are disposed of.
Sd/- JUDGE DH