Smt Hanumakka vs The State Of Karnataka on 1 December, 2022

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Karnataka High Court

Smt Hanumakka vs The State Of Karnataka on 1 December, 2022

Bench: Krishna S.Dixit

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 1ST DAY OF DECEMBER, 2022

                          BEFORE

          THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

        WRIT PETITION NO.2176 OF 2022 (KLR-RES)

BETWEEN:
SMT. HANUMAKKA
D/O LATE SRI. DALAPPA,
W/O LATE SRI. POOJANARASAIAH,
AGED ABOUT 71 YEARS,
RESIDING AT BHARATHIPURA,
BILLANAKOTE, NELAMANGALA,
BENGALURU RURAL DISTRICT,
KARNATAKA - 562 111.

                                             ...PETITIONER
(BY SRI. SANDESH C.R., ADVOCATE FOR
    SRI. JAYARAJ D.S., ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA
       REPRESENTED BY ITS CHIEF SECRETARY,
       REVENUE DEPARTMENT,
       M.S. BUILDING,
       BENGALURU - 560 001.

2.     THE DEPUTY COMMISSIONER
       AND DISTRICT MAGISTRATE,
       BANGALORE RURAL DISTRICT,
       KARNATAKA - 562 111.
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3.   THE AGRICULTURAL PRODUCE
     MARKETING COMMITTEE (APMC),
     REPRESENTED BY ITS SECRETARY,
     DODDABALLAPURA,
     BENGALURU - 561 205.

4.   THE TAHSILDAR,
     NELAMANGALA,
     BANGALORE RURAL DISTRICT,
     KARNATAKA - 562 111.
                                          ...RESPONDENTS
(BY SRI. R. SRINIVASA GOWDA, AGA FOR R1, R2 & R4;
    SRI. A.C. BALARAJ, ADVOCATE FOR R3)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED OFFICAL REMINDER DATED 30.07.2019 ISSUED BY
THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE IN
GRANTING THE GOVERNMENT GOMAL LAND MEASURING TO AN
EXTENT OF 6 ACRES 10 GUNTAS IN SY.NO.61 SITUATED AT
YEDEHALLI, SOMPURA HOBLI, NELAMANGALA TALUK IN FAVOUR
OF THE R-3 FOR THE PURPOSES OF AGRICULTURAL PRODUCE
MARKETING COMMITTEE (APMC) i.e. FARMERS SUB-MARKET
YARD (UPPA MARUKATTE) WHERE PROVIDED IN THE EVENT IF
THE SAID GRANT PERTAINS TO THE SAME AND SIMILAR
PROPERTY   BELONGING   TO   THE   PETITIONER   BEING   IN
POSSESSION VIDE ANNX-A; AND ETC.,


     THIS WRIT PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
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                           ORDER

The short grievance of the Petitioner is as to her land allegedly claimed in the unauthorized occupancy beingis allotted to the APMC. Learned counsel for the Petitioner argues that his client's application for regularization is pending and therefore, during the pendency the allotment could not have been made.

2. Learned AGA appearing for the official Respondents and learned Panel counsel appearing for the APMC oppose the writ petition contending that under the Provision of Rule 108(i) of Karnataka Land Revenue Rules 1966, such an allotment is provided for the public purpose and in that event the question of considering the claim for regularization of unauthorized occupancy would not arise. In support of the said contention they bank upon the decision on Division Bench Judgment of this Court in W.P.No.100139/2022 (LA-RES) & connected matter 4 between MR.GOPAL & OTHERS vs. THE STATE OF KARNATAKA & OTHERS disposed off on 20/07/2022.

3. Having heard the learned counsel for the parties and having perused the petition papers, this Court is in complete agreement with the submission made by learned AGA and learned Panel Counsel and therefore, declines indulgence in the matter.

Ordered accordingly and Writ Petition is disposed off, reserving liberty to the petitioner to claim for grant of land elsewhere in accordance with law on establishing entitlement. In that connection, all contentions are kept open.

Costs made easy.

Sd/-

JUDGE DS

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