IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.9647/2017 (KLR-LG) BETWEEN:
SMT.VANAJAKSHI, W/O LATE B.M.RAMAKRISHNA, AGED ABOUT 59 YEARS, RESIDENT OF HONAKARAVALLI VILLAGE, KUNAGANAHALLI POST, K.HOSAKOTE HOBLI, ALUR TALUK – 573 213, HASSAN DISTRICT …PETITIONER (BY SRI M.S.RAJENDRA PRASAD, SENIOR COUNSEL FOR SRI CHETAN.B, ADVOCATE) AND :
1. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, BANGALORE – 560 001.
2. THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN – 563 201.
3. THE ASSISTANT COMMISSIONER, SAKALESHPURA TALUK, HASSAN – 573 201.
4. THE TAHASILDHAR, ALUR TALUK, HASSAN – 573 201.
5. THE TAHASILDHAR SAKALESHPURA TALUK HASSAN – 573 201 …RESPONDENTS (BY SRI KIRAN KUMAR.T.L, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 14.11.2016 PASSED BY R2 AS PER ANNEXURE-A AND ETC., THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner herein is before this Court impugning Annexure-A in proceedings No.LND(2)3/2014-15 dated 14.11.2016, which is rejection of her request to grant land in Sy.No.6 of Hoonkaravalli Village, Alur Taluk, Hassan District on the premise that she has already been granted 3 acres of land in Sy.No.107 of Agani Village, Sakleshpur Taluk of Hassan District.
2. The brief facts leading to this writ petition are that the petitioner herein is widow of an ex-serviceman by name B.M.Ramakrishna. It is stated that an application was filed by her husband seeking grant of land under ex-servicemen quota. According to her, even before said application was considered, her husband died leaving him surviving his widow, petitioner herein and thereafter, she pursued the same with respondent authorities. Her grievance is that when the prayer was for grant of land with reference to Sy.No.6 of Hoonkaravalli village, the same is not considered instead, she has been granted 3 acres of land in Sy.No.107 of Agani Village. Hence, she continued her tirade to seek change of place where the grant is made and also to see that the grant which is made in 3 acres is increased to 5 acres.
3. In this proceedings, grievance of the petitioner is addressed by the respondents by filing an affidavit, wherein it is stated that the scheme is only with reference to considering the application which is filed by ex-servicemen. In the instant case, even after the death of ex-serviceman, the representation given by his wife is taken in to consideration and an extent of 3 acres of land is granted in her favour purely on humanitarian ground and not on the basis of legal right which she is claiming.
4. It is also stated by the learned Government Advocate appearing for the respondents that the scheme does not provide for considering the request of the family members of ex-serviceman for grant of land. He would also state that pursuant to the directions issued by a Coordinate Bench of this Court in batch of writ petitions commencing from WP.No.47443/2011, where similar grant was sought to be considered, the State Government has identified certain lands in each Taluka as available for grant in favour of ex- servicemen. Accordingly, the lands which are identified in Sakleshpur Taluk is in Sy.No.103 of Agani Village and the total extent reserved in said village is to an extent of 50 acres, out of which 3 acres is already granted in favour of the petitioner. The learned Additional Government would also submit that the reason for not considering the petitioner’s application for grant of land in Sy.No.6 of Hoonkaravalli Village is that said land is reserved for the persons, who have lost their lands in Hemavathi Reservoir Project.
5. In that view of the matter, this Court find that the prayer sought for by the petitioner seeking to quash the endorsement at Annexure-A in rejecting her application for change of place and also to consider her prayer for grant of land in the place identified by her cannot be considered. Accordingly, this writ petition is disposed of.
Sd/- JUDGE nd/-