Karnataka High Court
Shekara H vs Government Of Karnataka on 19 November, 2012
Author: Ashok B.Hinchigeri
Bench: Ashok B. Hinchigeri
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 19TH DAY OF NOVEMBER 2012
BEFORE
THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI
WRIT PETITION NO.1921 OF 2012 [KLR-LG]
BETWEEN
SHEKARA H
S/O HIRIYANNA SHETTY
AGED ABOUT 39 YEARS
PERMANENT RESIDENT OF
BARIGE VILLAGE
B DODDERI POST
SORABA TALUK
SHIMOGA DISTRICT-577 434 ... PETITIONER
(BY SRI: HALESHA R.G, ADVOCATE)
AND:
1. GOVERNMENT OF KARNATAKA
REPT. BY ITS SECRETARY
DEPARTMENT OF REVENUE
VIKASA SOUDHA
BANGALORE-01
2. DISTRICT COMMISSIONER
SHIMOGA DISTRICT
SHIMOGA 577 201
3. THE TAHSILDAR
SAGARA TALUK
SAGARA-577 401
SHIMOGA DISTRICT ... RESPONDENTS
(BY SRI: R.B.SATHYANARAYANA SINGH, HIGH COURT
GOVERNMENT PLEADER)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENT TO GRANT THE WASTE LAND
2
EITHER IN SY.NO.5/1 OR 6 OF GOVERNMENT LAND
SITUATED AT NADAKALASE VILLAGE, KASAB HOBLI, SAGARA
TALUK, BY CONSIDERING THE DOCUMENTS VIDE
ANNEXURE-C TO N AS PER REQUIREMENT OF THE
RESPONDENT IN ANNEXURE-B.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
The petitioner, who is a landless ex-serviceman and who has sustained the injury on the right shoulder, has a grievance that the land is not being granted to him.
2. Sri Halesha, the learned counsel for the petitioner submits that the impugned endorsement, dated 25.08.2011 (Annexure-R) gives two reasons for turning down the petitioner's request for the grant of the land. The first reason is that his income exceeds Rs.2 lakhs per annum and the second reason is that no land is available for the grant.
3. Sri R.B.Sathyanarayana Singh, the learned High Court Government Pleader appearing for the respondents submits that the petitioner does not appear to have produced all the supporting documents. He submits that the petitioner is not being granted the land because he 3 does not meet the eligibility criteria prescribed under Sections 79-A and 79-B of the Karnataka Land Reforms Act, 1961.
4. It is not in dispute that the petitioner is a landless ex-serviceman. He has safeguarded the frontiers of the country during the prime period of his life. He has sustained grievous injury on his right hand. It is for the benefit of such persons that the Legislature has made special provision for the grant of land. Rule 5 of the Karnataka Land Grant Rules, 1969 prescribes that 10% of the lands available for disposal in any village shall be earmarked for ex-servicemen and soldiers.
5. The petitioner cannot be shut out on the ground that his pensionary income exceeds Rs.2 lakhs per annum. The provisions contained in Sections 79-A and 79-B of the Karnataka Land Reforms Act govern the different field altogether. The land-grant can not be denied to an wounded ex-serviceman on the basis of the provisions contained in Sections 79-A and 79-B of the said Act. 4
6. Considering the said legal provision and the yeomen service rendered by the petitioner, I hold that the impugned endorsement, dated 25.08.2011 is not sustainable. Hence, it is quashed. If the lands indicated by the petitioner are not available for disposal, the respondents shall identify the alternative land and consider the case of the petitioner for the same.
7. This petition is disposed of with a direction to the respondent Nos.2 and 3 to consider the petitioner's request for the grant of land in accordance with law and as expeditiously as possible and in any case within an outer limit of four months from the date of the issuance of the certified copy of today's order.
8. This petition is accordingly allowed. No order as to costs.
Sd/-
JUDGE LB