IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 15TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE S. G. PANDIT WRIT APPEAL NO.2504 OF 2018 (KLR-RES) BETWEEN:
1. BHADRAPPA SON OF GUNDA NAIKA AGED: 55 YEARS 2. SACHIN SON OF RUDRAPPA GOWDA AGED: 60 YEARS 3. RAJANNA SON OF CHOWDANNA AGE 60 YEARS ALL ARE AGRICULTURISTS RESIDING AT ALAGERI VILLAGE DOORVASPURA POST THIRTHAHALLI TALUK-577432 SHIMOGA DISTRICT.
... APPELLANTS (BY SRI. U PANDURANGA NAYAK, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY REVENUE DEPARTMENT VIKASA SOUDHA BENGALURU -560 001.
2. THE DEPUTY COMMISSIONER SHIMOGA DISTRICT SHIMOGA-577201.
3. THE THASILDAR THIRTHAHALLI TALUK THIRTHAHALLI-577432 SHIMOGA DISTRICT.
(BY SRI. S S MAHENDRA, AGA) ... RESPONDENTS THIS APPEAL FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 10/07/2018 IN WRIT PETITION NO.25920/2018 PASSED BY THE LEARNED SINGLE JUDGE AND ALLOW THE WRIT PETITION.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the impugned order dated 10.07.2018 passed by the learned Single Judge in W.P.No.25920 of 2018, granting various directions, the writ petitioners have preferred this appeal.
2. The case of the petitioners is that the land was demarcated in favour of the villagers in terms of the order dated 01.12.2015 by the Deputy Commissioner for the purpose of burial ground and the sketch was also prepared. Thereafter in terms of the representation made by certain villagers that one Sri Manjappa Gowda is in unauthorized occupation of the same, the Government has now proposed to give an alternate land. The learned Single Judge directed the 2nd respondent to expedite the process of notification and reservation of the land in Survey Numbers 16 and 48 of Alagiri Village, Kasaba Hobli, Thirthahalli Taluk for the purpose for which the land in Survey number 37 was reserved.
3. The learned counsel for the appellants contends that once the land having been reserved and having been allotted for the purpose of burial ground, the same cannot be given a go by, only because some person is in unauthorized occupation. Therefore, the impugned order passed by the learned Single Judge suffers on account of facts and on law.
4. The same is disputed by the learned counsel for the respondents.
5. However, on hearing the learned counsels, we are of the view, that interference is called for.
6. Learned Government Advocate does not dispute the grant of land to the villagers in terms of the order of the Deputy Commissioner. Only because some person is said to be in unauthorized occupation of the same, the Government lands, being valuable public lands the State cannot be a mute spectator. Therefore, it is the responsibility of the State to interfere and recover the land. He cannot be allowed to remain in unauthorized occupation. The inaction on the part of the State Government, in our view, is improper. Therefore, the State is directed to evict and take possession of the land from the unauthorized occupant.
7. Accordingly, the appeal is allowed. The impugned order dated 10.07.2018 passed by the learned Single Judge in W.P.No.25920 of 2018 is set aside. The first respondent - State is directed to comply with the order dated 1.12.2015 issued by the 2nd respondent by demarcating the land for the purpose of burial ground according to the sketch prepared by the Survey Department by considering the representation dated 13.02.2017. The entire exercise shall be completed within a period of three months from the date of receipt of a copy of this order.
Sd/- Sd/-
JUDGE JUDGE NG*CT:bms