IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 25TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE ASHOK S. KINAGI WRIT APPEAL NO.496 OF 2016 (KLR-RES) BETWEEN:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, M.S. BUILDINGS, BENGALURU-560 001.
2. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT, V.V. TOWER, BENGALURU-560 001.
3. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION, DODDABALLAPURA TOWN, DODDABALLAPURA, BENGALURU RURAL DISTRICT-561 203.
4. THE TAHSILDAR DEVANAHALLI TALUK, DEVANAHALLI, BENGALURU RURAL DISTRICT-562 110.
...APPELLANTS (BY SRI T.L. KIRAN KUMAR, ADDITIONAL GOVERNMENT ADVOCATE) AND:
SMT. LAKSHMAMMA WIFE OF GOPALAPPA, AGED ABOUT 64 YEARS, RESIDING AT: DR. KRISHNAIAH CLINIC, BACKSIDE B.B. ROAD, DEVANAHALLI TOWN, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 110.
…RESPONDENT (BY SRI B.J. KRISHNA, ADVOCATE FOR C/R1) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE ORDER DATED 01.07.2015 PASSED IN WRIT PETITION NO.56723 OF 2014 (KLR-RES) BY THE LEARNED SINGLE JUDGE.
***** THIS WRIT APPEAL COMING ON FOR FINAL HEARING THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the order dated 1-7-2015 passed by the learned Single Judge in Writ Petition No.56723 of 2014, in noting the submission of the learned Government Advocate and directing the Tahsildar to issue the Grant Certificate over 34 guntas of land in Sy.No.193 of Devanahalli village, in terms of the recommendations made by the Committee, the State has filed this appeal.
2. The learned Government Advocate submits that there is no question of granting 34 guntas of land in Sy.No.193 of Devanahalli village. The said land has been ear-marked for the purpose of establishing a stadium for public use. In the very order, the Assistant Commissioner has noted that the Tahsildar shall take action for grant of suitable alternate land. Therefore, suitable alternate land has to be identified by the State. They cannot be compelled to grant the identified land in Sy.No.193 of Devanahalli village.
3. The learned counsel for the respondent submits that he will be satisfied if an alternate land is granted to him. Under these circumstances, the direction issued by the learned Single Judge to grant the very land in Sy.No. 193 of Devanahalli village, runs opposite to the directions of the Assistant Commissioner.
4. In view of the same, the order of the learned Single Judge dated 1-7-2015 passed in Writ Petition No. 56723 of 2014 is set aside. The respondent is permitted to make a fresh application for grant of land. As and when such an application is filed, the appellant - State shall consider the case of the respondent in accordance with law.
Writ Appeal is disposed off accordingly.
Sd/- JUDGE Sd/- JUDGE Rsk/-