Karnataka High Court
Sri Pakkirappa S/O Huvappa Shigganvi vs The Govt. Of Karnataka on 27 February, 2018
Author: Ravi Malimath
Bench: Ravi Malimath
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
ON THE 27TH DAY OF FEBRUARY 2018
BEFORE
THE HON'BLE MR. JUSTICE RAVI MALIMATH
WRIT PETITION NOS.108730-108775 OF 2017 AND
WRIT PETITION NO.109659 OF 2017 (KLR-REG)
BETWEEN:
1. SRI PAKKIRAPPA S/O HUVAPPA SHIGGANVI
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
2. SRI.YALLAPPA S/O HUVAPPA SHIGGANVI
AGE: 67 YEARS, OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
3. SRI.VEERABHADRAPPA S/O LAKSHMAPPA VALIKAR
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
4. SRI.SUBHASHAPPA S/O BASAPPA KOPPAD
AGE: 57 YEARS, OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
SRI.SHIVAPPA S/O KALLAPPA KADALLI
SINCE DECEASED BY HIS LRS,
5. SMT.KAMALAWWA W/O SHIVAPPA KADALLI
AGE:56 YEARS, OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
2
SRI.FAKKIRAPPA S/O BHIMAPPA KOPPAD
SINCE DECEASED BY HIS LRS,
6. SRI.RAMAPPA S/O FAKIRAPPA KOPPAD
AGE: 42 YEARS, OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
7. SMT.PARVATTAVVA
W/O BHARAMAPPA BHARAMANNAVAR,
AGE: 57 YEARS, OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
SRI.FAKKIRAPPA S/O FAKKIRAPPA MATTIGATTI
SINCE DECEASED BY HIS LRS,
8. SRI.GADIGEPPA
S/O FAKKIRIAPPA MATTIGATTI,
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
SRI.ISHWARAPPA S/O SHIVIAPPA GUNJAL
SINCE DECEASED BY HIS LRS,
9. SRI.GOVINDAPPA
S/O ISHWARAPPA GUNJAL,
AGE: 26 YEARS, OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
SRI.MONEPPA S/O SHIVAPPA SAVANUR
SINCE DECEASED BY HIS LRS,
10. SRI.PUTTAPPA S/O MONEPPA SAVANUR,
AGE:48 YEARS, OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
SRI.HOLEPPA S/O FAKKIRAPPA MATTIKATTI
3
SINCE DECEASED BY HIS LR'S,
11. SMT.FAKKIRAWWA
D/O HOLEPPA MATTIKATTI
W/O BASAPPA VALMIKI,
AGE: 71 YEARS, OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
12. SRI. IRAPPA
S/O RUDRAPPA BASSENAYAKAR
AGE: 73 YEARS, OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
SRI.SHANKRAPPA
S/O RUDRAPPA BASSENAYAKAR
SINCE DECEASED BY HIS LRS,
13. SMT.NEELAWWA
W/O SHANKRAPPA BASSENAYAKAR
AGE: 73 YEARS, OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
14. SRI.YALLAPPA
S/O HANAMANTAPPA TONDUR @ KILLIKYATAR,
AGE: 57 YEARS, OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
15. SRI.MOULALI S/O MARDNASAB NADAF
AGE: 70 YEARS, OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
16. SRI.BHIMAPPA S/O BASAPPA BASARIKATTI
AGE: 42 YEARS, OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
17. SRI.PARASAPPA @ PARASHARAM
4
S/O YALLAPPA KILLEKATAR
AGE: 70 YEARS, OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
18. SRI.SHEKAPPA S/O BASAVANNEPPA MAVUR
AGE: 61 YEARS, OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
SRI.MALLESHAPPA S/O BASAVANNEPPA MAVUR
SINCE DECEASED BY HIS LR'S,
19. SRI.FAKKIRESH S/O MALLESHAPPA MAVUR,
AGE: 34 YEARS, OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
20. SRI.GADIGEPPA S/O GOVINDAPPA PADAVALLI
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
SRI.RUDRAYYA S/O IRAYYA HIREMATH
SINCE DECEASED BY HIS LRS,
21. SMT.RATNAWWA
W/O RUDRAYYA HIREMATH,
AGE: 51 YEARS,
OCC: AGRICULTURE & HOUSEHOLD,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
22. SRI.MONEPPA @ MOUNESH
S/O NINGAPPA PPADAVALLI,
AGE: 53 YEARS, OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
SRI.YALLAPPA S/O LAKSHMAPPA VALIKAR
SINCE DECEASED BY HIS LRS,
5
23. SMT.RENAWWA
W/O YALLAPPA VALIKAR,
AGE: 66 YEARS,
OCC: AGRICULTURE & HOUSEHOLD,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
24. SRI.HANAMANTAPPA
S/O LAKSHMAN CHAVAN,
AGE: 61 YEARS, OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
25. SRI.MAHADEVAPPA
S/O HANUMANTAPPA KILLIKETAR,
AGE: 54 YEARS, OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
26. SRI.RAJANNA @ RAJU
S/O DATTATREY KULKARNI,
AGE: 57 YEARS, OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
SRI.VENKATESH S/O MUNIYAPPA MARATHE
SINCE DECEASED BY HIS LR'S,
27. SMT.PUTTAMMA
W/O VENKATESH MARATHE,
AGE: 40 YEARS,
OCC: AGRICULTURE & HOUSEHOLD,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
28. SRI.HANAMANTAPPA
S/O HANUMANTAPPA VADDAR,
AGE: 62 YEARS, OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
29. SRI.HANUMANTAPPA
6
S/O TIMMANNA VADDAR,
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
30. SRI.SHIVAPUTRAPPA
S/O PUTTAPPA BHAVIYAVAR,
AGE: 67 YEARS, OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
31. SRI.BASAPPA @ DODDABASAPPA
S/O FAKKIRAPPA HEBBALLI,
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
32. SRI.PARASHAPPA
S/O HANUMANTAPPA MALLADAD,
AGE: 57 YEARS, OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
33. SRI.RAMAPPA
S/O IRAPPA HARIJAN
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
34. SRI.TIPPANNA
S/O LAKKAPPA KILLIKETAR,
AGE: 72 YEARS, OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
35. SRI.BASAPPA
S/O RAMMAPPA TADAS @ KILLIKETAR,
AGE: 54 YEARS, OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
7
SRI.RAMAPPA
S/O MOLEPPA KOPPAD
SINCE DECEASED BY HIS LR'S,
36. SMT.LAXMAVVA
W/O RAMAPPA KOPPAD
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
37. SRI.LAKSHMAPPA
S/O HANUMAPPA MALLADAD
AGE: 53 YEARS, OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
38. SRI.DEVAPPA @ DEVENDRAPPA
S/O HONNAPPAP BUDHIHAL,
AGE: 67 YEARS, OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
SRI.SHEKAPPA
S/O ADIVEPPA CHAKRAGOUDAR
SINCE DECEASED BY HIS LR'S,
39. SRI.CHANDRU
S/O SHEKAPPA CHAKRAGOUDAR,
AGE: 36 YEARS, OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
40. SRI.RAMAPPA
S/O HANUMANTAPPA KILLIKETAR,
AGE: 73 YEARS, OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
41. SRI.BASAPPA
S/O MUKKAPPA SANTIHONNALLI,
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
8
TAL: SHIGGAON, DIST: HAVERI.
42. SRI.CHANDRAPPA
S/O IRAPPA MELAMURI
AGE: 48 YEARS,
OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
SRI.BASAVARAJ S/O VEERAPPA MELAMURI
SINCE DECEASED BY HIS LR'S,
43. SMT.KAVITA
W/O BASAVARAJ MELAMURI,
AGE: 41 YEARS,
OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
44. SRI.MALLANAGOUDA
S/O SHIVANGOUDA PATIL,
AGE: 56 YEARS,
OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
45. SRI.BASAPPA
S/O HONNAPPA BUDHIHAL,
AGE: 52 YEARS,
OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
46. SRI.GUDDAPPA
S/O NAGAPPA PBADIGER,
AGE: 57 YEARS,
OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
47. SRI.KANTEPPA
S/O FAKKIRAPPA NINGANAGOUDAR,
9
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O: KAMANAHALLI VILLAGE,
TAL: SHIGGAON, DIST: HAVERI.
... PETITIONERS
(BY SRI RAJENDRA R.PATIL, ADVOCATE)
AND
1. THE GOVT. OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF REVENUE,
M.S. BUILDING, BENGALURU.
2. THE DEPUTY COMMISSIONER,
HAVERI DISTRICT, HAVERI.
3. THE ASSISTANT COMMISSIONER,
SHIGIGAON, TAL: SHIGGAON,
DIST: HAVERI.
4. THE COMMITTEE FOR REGULARIZATION
OF UNAUTHORIZED OCCUPATION,
SHIGGAON, REPRESENTED BY ITS
MEMBER SECRETARY/TAHASILDAR,
SHIGGAON, TAL: SHIGGAON,
DIST: HAVERI.
5. THE TAHASILDAR,
SHIGGAON, TAL: SHIGGAON,
DIST: HAVERI.
6. THE DEPUTY TAHASILDAR,
DHUNDASHI, TAL: SHIGGAON,
DIST: HAVERI.
... RESPONDENTS
(BY SMT. VEENA HEGDE, ADDITIONAL GOVERNMENT
ADVOCATE)
10
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENT NO.4 FOR GRANT PERMANENT PATTA
AND REGULARIZE THE UN-AUTHORISED OCCUPATION OF
LANDS IN QUESTION AS PER RULE 108-CC OF KARNATAKA
LAND REVENUE RULES, 1966 AND AS PER THE ORDER DATED
25.12.1993 PASSED BY THE 4TH RESPONDENT COMMITTEE
MARKED AT ANNEXURE-D, D1 TO D35 RESPECTIVELY.
*****
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING-B GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Petitioners seek for a writ of mandamus directing respondent No.4 to regularise the occupation of lands in question by considering their applications at Annexures-D, D1 to D35.
2. Learned Additional Government Advocate submits that if reasonable time is granted, respondent No.4 would consider the applications of the petitioners herein provided they are authentic and within the records of the State.
11
3. In view of the same, petitions are disposed off. Respondent No.4 is directed to consider the applications of the petitioners Annexures- D, D1 to D35, provided the applications are authentic and within the records of the State, within a period of eight weeks from the date of receipt of a certified copy of this order.
Sd/-
JUDGE Kms