M Venkatesh, Son Of Munithimmaiah vs The State Of Karnataka on 10 October, 2017

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Karnataka High Court

M Venkatesh, Son Of Munithimmaiah vs The State Of Karnataka on 10 October, 2017

Bench: P.S.Dinesh Kumar

                          -1-
                                      WP No.51761/2016


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 10TH DAY OF OCTOBER 2017

                       PRESENT

            THE HON'BLE MR.H.G.RAMESH
               ACTING CHIEF JUSTICE

                         AND

     THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR

     WRIT PETITION NO.51761/2016 (GM-RES-PIL)

BETWEEN:

1.    M.VENKATESH, SON OF MUNITHIMMAIAH
      AGED ABOUT 60 YEARS
      AND RESIDING AT KOLIGANAHALLI
      VILLAGE, LAKSHMIPURA DAKLE
      DASANAPURA HOBLI
      BENGALURU NORTH TALUK
      BENGALURU URBAN DISTRICT - 562 123

2.    HANUMANTHARAJU
      SON OF HUCHCHAHANUMAYYA
      AGED ABOUT 43 YEARS
      AND RESIDING AT HEGADAVENAPURA
      ALUR POST, DASANAPURA HOBLI
      BANGALORE NORTH TALUK
      BENGALURU URBAN DISTRICT - 560 107

3.    H.S.ARUN KUMAR
      SON OF SIDDRAMAIAH
      AGED ABOUT 36 YEARS
      AND RESIDING AT HEGADAVENAPURA
      ALUR POST
      DASANAPURA HOBLI
      BANGALORE NORTH TALUK
      BENGALURU URBAN DISTRICT - 560 107
                          -2-
                                     WP No.51761/2016


4.   T.V.VENKATESH
     SON OF VENKATARAMASWAMAPPA
     AGED ABOUT 36 YEARS
     AND RESIDING AT THIMMANAHALLI VILLAGE
     ALUR POST
     DASANAPURA HOBLI
     BANGALORE NORTH TALUK
     BENGALURU URBAN DISTRICT - 560 107

5.   JAYARAMU, SON OF D NARAYANAPPA
     AGED ABOUT 39 YEARS
     AND RESIDING AT THIMMANAHALLI VILLAGE
     ALUR POST
     DASANAPURA HOBLI
     BANGALORE NORTH TALUK
     BENGALURU URBAN DISTICT - 560 107

6.   RAMACHANDRA REDDY
     SON OF LATE CHIKKANNAREDDY
     AGED ABOUT 50 YEARS
     AND RESIDING AT THIMMANAHALLI VILLAGE
     ALUR POST
     DASANAPURA HOBLI
     BANGALORE NORTH TALUK
     BENGALURU URBAN DISTRICT - 560 107

7.   ANJANAPPA, SON OF NAGAPPA
     AGED ABOUT 43 YEARS
     AND RESIDING AT HUNIGERE VILLAGE
     SONDEKOPPA POST
     DASANAPURA HOBLI
     BANGALORE NORTH TALUK
     BENGALURU URBAN DISTRICT - 560 107

8.   MALLESHAIAH, SON OF LATE BASAPPA
     AGED ABOUT 65 YEARS
     AND RESIDING AT HUNIGERE VILLAGE
     SONDEKOPPA POST
     DASANAPURA HOBLI
     BANGALORE NORTH TALUK
     BENGALURU URBAN DISTRICT - 560 107
                            -3-
                                       WP No.51761/2016


9.     BASAVARAJU
       SON OF RENUKAPPA
       AGED ABOUT 35 YEARS
       AND RESIDING AT HUNIGERE VILLAGE
       SONDEKOPPA POST
       DASANAPURA HOBLI
       BANGALORE NORTH TALUK
       BENGALURU URBAN DISTRICT - 560 107
                                            ...PETITIONERS
(BY SMT. SUDHA S.N., ADVOCATE)


AND:

1.     THE STATE OF KARNATAKA
       REPRESENTED BY ITS SECRETARY
       DEPARTMENT OF REVENUE
       VIDANA SOUDHA
       BENGALURU - 560 001

2.     THE DEPUTY COMMISSIONER
       BENGALURU RURAL DISTRICT
       BENGALURU - 560 001

3.     THE BENGALURU BRUHATH MAHANAGARA PALIKE
       HUDSON CIRCLE
       BENGALURU - 560 001
       REPRESENTED BY ITS COMMISSIONER ...RESPONDENTS

(GOVERNMENT ADVOCATE SERVED)

       THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DATED 16.03.2016 PASSED BY R-1 (ANNEXURE-D) AND
THE ORDER DATED 6.6.2016 PASSED BY R-2 (ANNEXURE-E).

       THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE ACTING CHIEF JUSTICE MADE THE
FOLLOWING:
                                -4-
                                                WP No.51761/2016



                           ORDER

Ag.CJ (Oral):

1. This Public Interest Litigation is directed against the order dated 06.06.2016 passed by the Deputy Commissioner, Bengaluru Urban District, Bengaluru. By the impugned order, the Deputy Commissioner has granted government land in Dasanapura Hobli measuring 14 acres 9 guntas in Survey No.25 of Alur Village and 5 acres in Survey No.34 of Hunnigere village totally measuring 19 acres 9 guntas free of cost to Rajiv Gandhi Housing Corporation for the purpose of distribution of sites to siteless poor persons under the Ashraya scheme.

2. We have heard the learned counsel appearing for the petitioners and perused the record.

3. The sole contention urged by the learned counsel for the petitioners is that the entire extent of the land is a gomal land and the declassification of the gomal land is not in accordance with Rule 97(4) of the Karnataka Land Revenue Rules, 1966 ('the Rules'). -5- WP No.51761/2016

4. As could be seen from the proviso to Rule 97(4) of the Rules, no declassification of gomal land is necessary if the land is granted for the purpose of distribution of sites to siteless persons. In this case, admittedly, the gomal land is granted for the purpose of distribution of sites to siteless persons. Therefore, the contention that the grant is contrary to Rule 97(4) of the Rules is not correct. The writ petition is devoid of merit and is accordingly dismissed.

Petition dismissed.

Sd/-

ACTING CHIEF JUSTICE Sd/-

JUDGE hkh.

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