IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA W.P.NOs.56794-56808/2017 (KLR - REG) BETWEEN 1. SHIVANNA, S/O THIMMAIAH, AGED ABOUT 47 YEARS, R/AT SRINIVASAPURA VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE DISTRICT – 562 123.
2. HANUMANTHAIAH, S/O VENKATRADRAIAH, AGED ABOUT 65 YEARS, R/AT DODDAKARENAHALLI, NELAMANGALA TALUK, BANGALORE DISTRICT – 562 123.
3. HANUMANTHARAYAPPA, S/O BYLAPPA, AGED ABOUT 55 YEARS, R/AT DODDAKARENAHALLI, NELAMANGALA TALUK, BANGALORE DISTRICT – 562 123.
4. RAMAIAH, S/O KADRAPPA, AGED ABOUT 58 YEARS, R/AT DODDAKARENAHALLI, NELAMANGALA TALUK, BANGALORE DISTRICT – 562 123.
5. CHOWDAIAH, S/O GANGAIAH, AGED ABOUT 60 YEARS, R/AT DODDAKARENAHALLI, NELAMANGALA TALUK, BANGALORE DISTRICT – 562 123.
6. THIMMARAYAPPA, S/O THIMMAIAH, AGED ABOUT 68 YEARS, R/AT DODDAKARENAHALLI, NELAMANGALA TALUK, BANGALORE DISTRICT – 562 123.
7. MADAIAH, S/O ANJINAPPA, AGED ABOUT 46 YEARS, R/AT DODDAKARENAHALLI, NELAMANGALA TALUK, BANGALORE DISTRICT – 562 123.
MUNIRAJU, DEAD BY HIS LRs., 8. NARASAMMA, D/O LATE MUNIRAJU, AGED ABOUT 40 YEARS, R/AT SRINIVASAPURA VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE DISTRICT – 562 123.
9. NAGARAJU, S/O GANGAIAH, AGED ABOUT 48 YEARS, R/AT SRINIVASAPURA VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE DISTRICT – 562 123.
REVANNA DEAD BY LRs., 10. SMT. DEVEERAMMA, W/O LATE REVANNA, AGED ABOUT 60 YEARS, R/AT DODDAKARENAHALLI, NELAMANGALA TALUK, BANGALORE DISTRICT – 562 123.
11. NARASIHMAIAH, S/O THIMMAIAH, AGED ABOUT 68 YEARS, R/AT DODDAKARENAHALLI, NELAMANGALA TALUK, BANGALORE DISTRICT – 562 123.
12. GURUPRASAD, ADOPTED SON OF LATE REVANNA, AGED ABOUT 30 YEARS, R/AT DODDAKARENAHALLI, NELAMANGALA TALUK, BANGALORE DISTRICT – 562 123.
13. MUTHAMMA, W/O VENKATRAMAIAH, AGED ABOUT 60 YEARS, R/AT DODDAKARENAHALLI, NELAMANGALA TALUK, BANGALORE DISTRICT – 562 123.
14. SIDDAGANGAIAH, S/O GANGAIAH, AGED ABOUT 65 YEARS, R/AT SRINIVASAPURA VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE DISTRICT – 562 123.
15. BHAGYAMMA, W/O RAJANNA, AGED ABOUT 55 YEARS, R/AT SRINIVASAPURA VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE DISTRICT – 562 123.
…PETITIONERS (BY SRI. G.H.RAVIKUMAR, ADVOCATE FOR SRI. SACHIN B.S., ADVOCATE) AND 1. STATE OF KARNATAKA, DEPARTMENT OF REVENUE, M.S.BUILDING, VIKASA SOUDHA, BANGALORE – 560 001.
2. TAHASILDAR, NELAMANGALA TALUK, BANGALORE DISTRICT – 562 123.
…RESPONDENTS (BY SRI.T.S. MAHANTESH, AGA FOR R1 AND R2) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATIONS DATED 23.09.2009 AND ISSUE THE SAGVALLI CHIT IN FAVOUR OF THE PETITIONERS HEREIN IN RESPECT OF THE LAND BEARING SY.NO.154 OF SRINIVASPURA VILLAGE, KASBA HOBLI VIDE ANNEXURE – A TO A9.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioners herein are seeking writ of mandamus directing the respondents to consider their representations dated 23.09.2009 and to issue saguvali chit in their favour in respect of portions of land bearing Sy.No.154 of Srinivaspura village, Kasaba Hobli, Nelamangala Taluk, Bangalore District and pass appropriate orders in this behalf based on the application filed by each one of the petitioners namely Annexures-A to A9.
2. When the said applications are looked into it is seen that each one of the petitioners have sought for regularization of certain extent of land in Sy.No.154 of Srinivaspura village, Nelamangala Taluk, Bangalore District, which according to them, is in occupation of each of them for several years and in that behalf, an application in Form No.53 is filed by each of them. They would also state that their application was taken up for consideration on 24.1.2004, where the Committee constituted for Regularization of Unauthorized Cultivation has taken a decision to issue Saguvali Chit in their favour. Inspite of that, the same is not given till to-day. Hence, they have come up in these writ petitions.
3. In this background, the Tahsildar of Nelamangala Taluk was directed to be present before the Court. He is present before the Court along with copy of the letter dated 29.09.2015 vide No.SSLR/EST/TD/GC-009/2014-15 with list of villages appended thereto. The said letter is addressed by the Commissioner of Survey Settlement and Land Records. The village in which petitioners are claiming regularization of unauthorized cultivation, which is in Srinivasapura village, Kasaba Hobli, is shown at Sl.No.361 in the said list. The said list of villages is prepared by the said Department to show that these villages come within the limits of 18 Kms. of BBMP. According to Tahsildar regularization of unauthorized cultivation in respect of lands in said village can not be considered in the light of the Circular issued by the Government. The letter would also contain the particulars of Circular which is in LND (P) CR 65 2014-15 dated 22.09.2015.
4. In that view of the matter, this Court finds that the prayer of the petitioners herein seeking direction to the authorities to issue saguvali chit in respect of their land which was considered in their favour in the Meeting of the Committee constituted for regularization of unauthorized cultivation on 24.01.2004 cannot be accepted. Accordingly, these writ petitions are dismissed as they do not survive for consideration.
Sd/- JUDGE TL