Karnataka High Court
Sri. Siddharth Co-Operative Housing ... vs The State & Ors on 17 January, 2020
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 17TH DAY OF JANUARY 2020
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.206968/2017 (KLR-LG )
Between:
Sri Siddharth Cooperative
Housing Society Ltd.,
Vijayapura,
Represented by its Secretary
Sri Ramappa S/o Kallappa Javanar,
Age: 62 years, Occ: Agriculture and
Social Work,
R/o Tikotta village,
Tq. & Dist. Vijayapura.
... Petitioner
(By Sri A.Vijayakumar, Advocate)
AND:
1. The State of Karnataka
represented by its under Secretary
Revenue Department,
Bangalore-01.
2. The Deputy Commissioner,
Office of the Deputy Commissioner,
Vijayapura,
Dist. Vijayapura-586 101.
3. The Tashildar,
Office of the Tashildar,
Opposite to New Z.P. Office,
2
Bagewadi Road,
Vijayapura-586101.
... Respondents
(By Sri K.M.Ghate, AGA)
This writ petition is filed under Articles 226 and 227 of
the Constitution of India, praying to issue writ of certiorari to
quash the letter at Annexure-D issued by the 1st respondent
dated 11.08.2015 in file No. RD/59/LGJ/2014 refusing to
consider allotment of the land to the petitioner society on the
ground that the land is a Gomal land situated at
Mahalbhagyat village, Taluka and District Vijayapur, issue
writ of mandamus directing the respondents to consider the
allotment of land Sy.No. 744 measuring 06 acres 20 guntas
of Mahal Bagayat village, within the city limits of Vijayapura
to the petitioner society.
This petition coming on for Preliminary Hearing this
day, the Court made the following:-
ORDER
The top noted Writ Petition is filed seeking writ of certiorari to quash the endorsement dated 11.08.2015 issued by the first respondent refusing to allot land to the petitioner-society.
3
2. The petitioner-society with a view to provide housing sites for the members, has approached first respondent-State for allotment of 06 acres 20 guntas of land in Sy.No. 74 situated at Mahal Bagayat village, Tq. & Dist. Vijayapura which is a Government land.
3. On perusal of the records it is evident that the petitioner Housing Society had approached this Honb'le Court in Writ Petition No. 83959/2011 seeking writ of mandamus to consider the representation dated 18.05.2011. However the petitioner sought withdrawal of Writ Petition with liberty to pursue the matter before the competent authority. After disposal of the Writ Petition, representation was given requesting the first respondent to allot land Sy.No. 744 to the petitioner- society. The first respondent has issued an endorsement under challenge stating that the petitioner-society is not entitled for allotment of site measuring 06 acres 20 4 guntas in Sy.No. 744 since the same is notified as 'Gomal land'.
4. Being aggrieved by the said endorsement the petitioner Housing Society is before this Court seeking writ of certiorari to quash the endorsement issued by the first respondent as per Annexure-D and also seeking mandamus to direct to allot land in Sy.No. 74 to an extent of 06 acres 20 guntas.
5. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for respondents.
6. The respondent-State has placed before this Court an order dated 02.12.2014 passed by the Deputy Commissioner, Bijapur. On perusal of this order the Deputy Commissioner has opined that there are around 4547 cattle within Bijapur city. In terms of population of the cattle, the proportionate land that should be 5 available for free pasturage for the village cattle would come to 385 acres, but however the land available for grazing is only 82 acres 10 guntas. On perusal of this order, this Court wound find that in fact the land notified as 'Gomal land' virtually falls short when compared to the corresponding cattle population. In that view of the matter the first respondent was rightly justified in issuing endorsement as per Annexure-D. If Deputy Commissioner notifies a land for free pasturage for cattle, it cannot be diverted for other purpose which is impermissible under law. Section 71 of Karnataka Land Revenue Act 1964 inter alia provides that Deputy Commissioner may set apart lands for free pasturage for village cattle and the lands assigned specially for any such purpose shall not be otherwise used without the sanction of Deputy Commissioner. The Hon'ble Apex Court while strengthening Article 21 of Constitution of India in catena of judgments, has recognized the environmental protection under Article 21. Article 48-A 6 was added to the directive principles of the State policy. It declares; The State shall make endeavor to protect and improve the environment and to safeguard Gomal lands, forest and wildlife of the country. Chapter IV-A imposes a similar responsibility or every citizen to protect and improve the natural environment. In that view of the matter, petitioner society cannot seek diversion of Gomal land for residential purpose. The petitioner Housing Society cannot seek allotment of land, more particularly Gomal land by way of right. Though the petitioner has sought writ of mandamus to direct the respondent to consider the representation, this Court is not inclined to issue any such direction since petitioner do not have any legal right to seek allotment of Gomal land for residential purpose. In that view of the matter, the Writ Petition is devoid of merits, hence liable to be dismissed.
7
7. For the reasons stated supra, the Writ Petition is dismissed. No order as to cost. However the petitioner is at liberty to seek allotment of any other land by giving appropriate representation to the competent authority.
SD/-
JUDGE *MK