Karnataka High Court
The Superintending Archaeologist vs Basavakumar And Ors on 18 December, 2024
Author: R.Devdas
Bench: R.Devdas
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NC: 2024:KHC-K:9795-DB
WA No. 200029 of 2022
C/W WA No. 200030 of 2022
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 18TH DAY OF DECEMBER, 2024
PRESENT
THE HON'BLE MR JUSTICE R.DEVDAS
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
WRIT APPEAL NO. 200029 OF 2022 (KLR-CON)
C/W
WRIT APPEAL NO. 200030 OF 2022
IN W.A.NO.200029/2022:
BETWEEN:
THE SUPERINTENDING ARCHAEOLOGIST
ARCHAEOLOGICAL SURVEY OF INDIA
Digitally signed
HAMPI CIRCLE, OFFICE AT KAMALAPURA
by RAMESH TALUK HOSPET, DIST. VIJAYANAGARA
MATHAPATI
Location: HIGH DR. NIHILDAS N
COURT OF AGE: 36 YEARS OFFICE OF KAMALAPURA
KARNATAKA
TALUK. HOSPET DIST. VIJAYANAGARA - 583221.
...APPELLANT
(BY SRI. R S SIDHAPURKAR, ADV.)
AND:
1. SMT. DODDABASAMMA @ DODDAMMA
D/O HEMANAGOUDA PATIL,
AGED ABOUT 41 YEARS, OCC: HOUSEHOLD,
R/O GUNDA VILLAGE, TQ. SINDHANOOR
DIST. RAICHUR - 584122.
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NC: 2024:KHC-K:9795-DB
WA No. 200029 of 2022
C/W WA No. 200030 of 2022
2. THE STATE OF KARNATAKA
DEPT OF REVENUE
REPRESENTED BY ITS UNDER SECRETARY
VIDHAN SOUDHA, BENGALURU - 01.
3. THE DEPUTY COMMISSIONER
RAICHUR OFFICE OF THE DEPUTY COMMISSIONER,
AT AND POST RAICHUR
DIST RAICHUR 584101
...RESPONDENTS
(BY SRI. ARUNKUMAR AMARGUNDAPP, ADV. FOR R1;
SRI . MALLIKARJUN C. BASAREDDY, GA FOR R2 & R3)
THIS WRIT APPEAL IS FILED U/S.4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO ALLOW THE WRIT APPEAL AND
SET ASIDE THE ORDER DATED 19.03.2021 PASSED IN WP NO.
200643/2021 (KLR-CON) BY THE LEARNED SINGLE JUDGE AND
FURTHER BE PLEASED TO DISMISS THE WRIT PETITION WITH
EXEMPLARY COSTS.
IN W.A.NO.200030/2022:
BETWEEN:
THE SUPERINTENDING ARCHAEOLOGIST
ARCHAEOLOGICAL SURVEY OF INDIA
HAMPI CIRCLE, OFFICE AT KAMALAPURA
TALUK HOSPET, DIST. VIJAYANAGARA
DR. NIHILDAS N
AGE: 36 YEARS OFFICE OF KAMALAPURA
TALUK. HOSPET DIST. VIJAYANAGARA - 583221.
...APPELLANT
(BY SRI. R.S. SIDHAPUKAR, ADV.)
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NC: 2024:KHC-K:9795-DB
WA No. 200029 of 2022
C/W WA No. 200030 of 2022
AND:
1. BASAVAKUMAR
S/O SANNABHIMARAYAPPA METIGOUDA
AGED ABOUT 47 YEARS, OCC: AGRICULTURE,
R/O HULLUR VILLAGE, TQ. SINDHANOOR
DIST. RAICHUR - 584138.
2. THE STATE OF KARNATAKA
DEPT. OF REVENUE
REPRESENTED BY IT'S UNDER SECRETARY
VIDHAN SOUDHA, BENGALURU - 01.
3. THE DEPUTY COMMISSIONER, RAICHUR
OFFICE OF THE DEPUTY COMMISSIONER,
AT AND POST RAICHUR
DIST. RAICHUR 584101
...RESPONDENTS
(BY SRI. ARUNKUMAR AMARGUNDAPPA, ADV. FOR R1;
SRI. MALLIKARJUN C. BASAREDDY, GA FOR R2 & R3)
THIS WRIT PETITION IS FILED U/S.4 OF THE KARNATAKA
HIGH COURT ACT AND RULES, PRAYING TO ALLOW THE WRIT
APPEAL AND SET ASIDE THE ORDER DATED 15.03.2021
PASSED IN WP NO. 200118/2021 (KLR-CON) BY THE LEARNED
SINGLE JUDGE AND FURTHER BE PLEASED TO DISMISS THE
WRIT PETITION WITH EXEMPLARY COSTS.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R.DEVDAS
AND
HON'BLE MR JUSTICE G BASAVARAJA
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NC: 2024:KHC-K:9795-DB
WA No. 200029 of 2022
C/W WA No. 200030 of 2022
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE R.DEVDAS) These writ appeals have been filed at the hands of the Superintending Archaeologist being aggrieved of the impugned order passed by the learned Single Judge who allowed the writ petition and held that the petitioners are entitled to the benefit of deemed conversion in respect of the subject land bearing Sy.No.401/1 measuring 3 acres and 27 guntas and Sy.No.401/7 measuring 3 acres, situated at Manvi Taluk, District Raichur. Accordingly, the Deputy Commissioner was directed to effect the conversion and issue conversion certificate in favour of the petitioners after receipt of necessary charges for such conversion, in accordance with law. The Deputy Commissioner was also directed to comply with the directions within a period of three months from the date of receipt of a certified copy of the order.
2. During the course of these proceedings several directions were issued by this Court including directions -5- NC: 2024:KHC-K:9795-DB WA No. 200029 of 2022 C/W WA No. 200030 of 2022 issued on 03.12.2024 which is extracted herein for easy reference;
"In our previous orders dated 20.11.2024 and 27.11.2024 we had noticed the submission made on behalf of the learned counsel for the contesting respondent that No Objection Certificates (NOCs) have been issued by the Department of Archeological in respect of Sy.Nos.402/1, 402/2, 402/3, 402/4, 402/5 and that the authorities are now refusing to grant NOC in respect of similarly situated lands. We had therefore directed the learned counsel for the appellant to secure instructions as to whether the statement made by the learned counsel is true.
The learned counsel for the contesting respondent had also pointed out to various documents showing that the Superintending of Archaeologist himself had passed orders clearly stating that the distance between the archeological sites and Sy.No.401 were beyond the prohibited distance of 100 meters. In fact, it was found that Sy.No.401 was atleast at a distance of 1 k.m. away from the archeological -6- NC: 2024:KHC-K:9795-DB WA No. 200029 of 2022 C/W WA No. 200030 of 2022 sites. Consequent to the orders passed by the Superintending Archaeologist, conversion orders are also passed by the competent authority.
We had therefore directed that the appellant shall file an affidavit along with a sketch showing the distance between archeological sites and the lands in question namely, Sy.Nos.401/1 and 401/7.
Today, learned counsel for the appellant has filed a affidavit of the Superintending Archeologist, ASI, Hampi Circle, Hospet. The Superintending Archeologist has simply stated that directions may be issued to the District Administration for conducting a joint survey for demarcation of the ASI boundary to avoid any claim. We find that the Superintending Archeologist has not gone through the orders passed by this Court. Nothing is said about the contentions of the contesting respondent that NOCs have been issued earlier by the Superintending Archeologist in respect of the same survey numbers. We therefore deem it necessary to secure the presence of Superintending Archeologist before this Court on the next date of hearing.-7-
NC: 2024:KHC-K:9795-DB WA No. 200029 of 2022 C/W WA No. 200030 of 2022 Superintending Archeologist may do well before coming to this Court by inspecting the spot and taking measurement of the distance between the property in question and the archeological sites. Without even going to the sites and measuring the property, this kind of submission cannot be made before this Court. If the distance is so huge that the sites are at a distance of more than 1 k.m. from the archeological sites, then there is no need for a joint inspection. We therefore direct the Superintending Archeologist to inspect the sites and if it is clear that the lands in question are not within the prohibited distance or protected area, i.e., more than 200 meters, then there should not be any difficulty for the Superintending Archeologist to issue NOC in respect of the property in question."
3. Learned counsel for the appellant submits that the appellant-Superintending Archeologist did visit the spot and he has taken photographs and he has expressed his opinion to the learned counsel stating that it appears -8- NC: 2024:KHC-K:9795-DB WA No. 200029 of 2022 C/W WA No. 200030 of 2022 that from the edge of the monument the property in question is beyond the prohibited distance.
4. Learned Government Advocate submits that the Deputy Commissioner also had requested the Superintending Archeologist to furnish his opinion through communication dated 12.11.2024.
5. Having regard to the admitted fact that various other lands in the same survey number have already been converted and constructions have been put up and there are existing buildings belonging to the State Government and Municipalities, we are of the considered opinion that there is no merit in the appeals. Accordingly, the writ appeals are dismissed.
Sd/-
(R.DEVDAS) JUDGE Sd/-
(G BASAVARAJA) JUDGE MSR List No.: 1 Sl No.: 29