Karnataka High Court
Sri M S Ravindra vs State Of Karnataka on 3 September, 2022
Author: R Devdas
Bench: R Devdas
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WP No. 17397 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 17397 OF 2022 (KLR-RES)
BETWEEN:
1. SRI M S RAVINDRA
S/O M.S.SRIKANTESHAPPA
AGED 56 YEARS,
R/AT MUGALI VILLAGE,
BELAGODU HOBLI,
SAKALESHPURA TALUK
HASSAN DISTRICT-573 134
Digitally signed by
JUANITA 2. SMT.CHANDRIKA
THEJESWINI
Location: HIGH W/O M.S.RAVINDRA
COURT OF
KARNATAKA AGED 54 YEARS,
R/AT MUGALI VILLAGE,
BELAGODU HOBLI,
SAKALESHAPURA TALUK
HASSAN DISTRICT-573 134
...PETITIONERS
(BY SRI. PRAKASH M H., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REP BY THE PRINCIPAL SECRETARY
DEPARTMENT OF REVENUE,
M.S.BUILDING,
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WP No. 17397 of 2022
BENGALURU-560 001.
2. THE DEPUTY COMMISSIONER
HASSAN DIST-573 214
3. THE THASHILDAR
SAKALESHAPURA TALUK
HASSAN DIST-573214
...RESPONDENTS
(BY SRI. VIJAY KUMAR A PATIL, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DTD 31.03.2022 PASSED BY THE R2 IN LND(2)347/2021-2022
VIDE ANNEXURE-J SO FAR AS PETITIONERS AT SERIAL NO.545
AND 575.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
Learned AGA takes notice for all the respondents.
2. The petitioners who are applicants having filed Form No.57 under Section 94-A of the Karnataka Land Revenue Act, 1964, sought for regularization of unauthorized occupation of Government lands. Earlier, the -3- WP No. 17397 of 2022 petitioner No.1 had in fact filed application in Form No.53 and even though there was a direction issued by this Court in W.P.No.31760/2013 dated 10.02.2014 directing the committee to consider the application at the earliest, nevertheless since no orders were passed, it appears that the petitioner No.1 and his wife - petitioner No.2 have filed separate applications in Form No.57. Learned AGA seeks to raise an objection that the petitioners being husband and wife have filed two applications seeking regularization of lands said to be in their unauthorized occupation. It is sought to be contended that the intention of the legislation is not to grant lands to more than one person of the family that too being husband and wife.
3. Nevertheless, the learned counsel for the petitioners seeks to contend that the Deputy Commissioner, Hassan District has passed the impugned order dated 31.03.2022 at Annexure - J rejecting the applications of all the 590 applicants in a common order and the common ground on which the applications are -4- WP No. 17397 of 2022 rejected is that the land sought for regularization is a gomal land, atleast in so far as the petitioners are concerned and in majority of the cases.
4. On hearing the learned counsel for the petitioners, learned AGA and on perusing the petition papers, this Court finds that in terms of the proviso to sub-rule (4) of Rule 97 of the Karnataka Land Revenue Rules, 1966, an exception is carved out in so far as the power of the Deputy Commissioner in passing orders reducing the gomal lands, in so far as the applications made seeking regularization of unauthorized cultivation under Chapter XIIIA of the Rules, 1966. This would mean that when the Deputy Commissioner is considering the applications of ineligible persons in terms of Rule 108-CCC arising out of Section 94-A, on the report submitted by the Tahsildar who forwards list of ineligible applications to the Deputy Commissioner for necessary action, the Deputy Commissioner is required to reject such ineligible applications and the Tahsildar is thereafter required to -5- WP No. 17397 of 2022 place all the eligible applications with suitable recommendations before the Committee or additional committee as the case may be. In the considered opinion of this Court, in so far as the ineligible applications are concerned, other than what is provided as an eligibility for grant in terms of 108-F of the Rules, the other conditions can be found under Section 94-A of the Act itself. One of them being the prohibited distance within which if the land falls, it cannot be granted. The submission of the learned AGA that certain lands not to be granted in terms enumerated in 108-F of the Rules is required to be accepted. However, in the present case, this Court finds that the Deputy Commissioner has passed an order of rejection on the ground that the land is a gomal land and therefore it cannot be regularized in favour of the petitioners. This, is in contravention to the provision of law requiring regularization of certain lands as provided under Section 94-A of the Act. There cannot be any cavil that all applications filed under Section 94-A of the Act are in -6- WP No. 17397 of 2022 respect of Government lands which are also known as gomal land. When an exception is carved out in sub-rule (4) of Rule 97 of the Rules exempting the application of the Rule 97 which empowers the Deputy Commissioner to pass orders de-reserving gomal land taking consideration the cattle population and the requirements of land to be reserved for pasteurizing, having regard to any application made seeking regularization of unauthorized cultivation under Chapter XIIIA of the Rules, the Deputy Commissioner could not have rejected the application solely on the ground that the lands are gomala lands and they cannot be regularized in favour of the applicants.
5. Having regard to the above findings, this Court is of the considered opinion that the impugned order passed by the Deputy Commissioner, in so far as the petitioners applications are concerned, cannot be sustained.
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Consequently, this Court proceeds to pass the following:
ORDER i. The writ petition is allowed.
ii. The impugned order dated 31.03.2022 at Annexure - J passed by the respondent - Deputy Commissioner, Hassan District, in so far as the petitioners are concerned, is hereby quashed and set aside.
iii. The matter stands remitted back to the Tahsildar, Sakleshpura Taluk, to place the applications of the petitioners before the Committee for regularization of unauthorized occupation within a period of four weeks from the date of receipt of copy of this order.
iv. The Committee shall thereafter consider the applications of the petitioners and pass necessary orders taking into consideration the fact that the petitioners herein are husband and wife and look into -8- WP No. 17397 of 2022 their eligibility in so far as the extent of land is concerned and thereafter pass necessary orders in accordance with law as expeditiously as possible and at any rate within a period of two months from the date from which the application is placed by the Tahsildar before the Committee.
Ordered accordingly.
Sd/-
JUDGE AG