IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER 2017 PRESENT THE HON’BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL NO.581/2016 (KLR-RES) BETWEEN:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT M.S.BUILDING BENGALURU -560 001 2. THE ASSISTANT COMMISSIONER DODDABALLAPUR SUB-DIVN DODDABALLAPUR BENGALURU RURAL DISTRICT PIN-561 203 3. THE TAHASILDAR DEVANAHALLI TALUK DEVANAHALLI-562 110 BENGALURU RURAL DISTRICT ...APPELLANTS (BY SHRI V.SREENIDHI, AGA) AND:
C.N.VENUGOPAL S/O C.NARAYANASWAMY AGED ABOUT 32 YEARS CHANNAHALLI VILLAGE CHENARAYAPATNA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT PIN CODE:562 129 …RESPONDENT (BY SHRI SHARATH S. GOWDA, ADVOCATE) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.7999/2015 DATED 07/04/2015.
THIS WRIT APPEAL, HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 21.11.2017, COMING ON FOR PRONOUNCEMENT OF JUDGMENT, THIS DAY, P.S.DINESH KUMAR J., PRONOUNCED THE FOLLOWING:-
J U D G M E N T 1. This appeal by the State is directed against the order dated 07.04.2015 in W.P.No.7999/2015, whereunder the Hon’ble Single Judge has directed the Tahasildar, Devanahalli Taluk, to issue the ‘Saguvali Chit’ to the petitioner.
2. We have heard Shri V.Sreenidhi, learned Additional Government Advocate for the appellants and Shri Sharath S. Gowda, learned Counsel for the respondent and perused the records.
3. Briefly stated the facts of the case are, by a resolution dated 18.08.2007 (Annexure-A), the Committee for Regularisation of Unauthorised Occupation of Lands, resolved to issue ‘Saguvali Chits’ in favour of the unauthorized occupants of different lands. The name of the writ petitioner (first respondent herein) was found at Sl.No.19. The writ petition was filed inter alia praying for a direction to issue the ‘Saguvali Chit’ in favour of the petitioner in pursuance of the said regulation.
4. The contentions, which were urged by the State Government before the Hon’ble Single Judge are as follows:-
that the resolution passed by the Committee was in violation of the guidelines as the land fell within the forbidden radius of 18 kms;
that the State had challenged the grants made in favour of other grantees; and that the State would challenge the grant made in favour of the first respondent, by filing an appeal, if not already filed.
5. After considering the submissions made on behalf of the parties, the Hon’ble Single Judge directed for issuance of ‘Saguvali Chit’ to the petitioner with a rider that the same shall be subject to the outcome of the appeal.
6. The State, in these proceedings, have placed on record, an order dated 11.11.2016, passed by the Assistant Commissioner, Doddaballapur Sub-Division in Proceedings ¸ÀÀÀÀA:DgïAiÀÀÀÀÄÄAM(J):34/2014-15, setting aside the resolutions dated 18.08.2007 and 06.09.2007.
7. Shri V. Sreenidhi, learned Additional Government Advocate, submitted that in view of the order passed by the Assistant Commissioner in the appeal, setting aside the resolution of the Committee dated 18.08.2007, the petitioner shall not be entitled for issuance of ‘Saguvali Chit’.
8. Admittedly, the petitioner’s claim is based on the resolution of the Committee dated 18.08.2007. The directions in the writ petition for issuance of ‘Saguvali Chit’ was made subject to the outcome of the appeal. The appeal having been now allowed, the petitioner shall not be entitled for ‘Saguvali Chit’. As such, pursuant to the order passed by the Assistant Commissioner, this appeal has become un- necessary and the direction contained in the writ petition is rendered otiose.
9. This writ appeal stands accordingly disposed of.
10. In view of disposal of the writ appeal, the pending interlocutory applications do not survive for consideration and the same are accordingly disposed of.
Appeal disposed of. No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE cp*