Karnataka High Court
Kumar vs The State Of Karnataka on 14 September, 2017
Author: B.S.Patil
Bench: B.S.Patil
WP.26967/2017
& WPs.33439-33441/2017
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF SEPTEMBER, 2017
BEFORE
THE HON'BLE MR.JUSTICE B.S.PATIL
W.P.No.26967/2017
& W.P.Nos.33439-33441/2017 (KLR-LG)
BETWEEN
1. KUMAR S/O LATE SR.APPARAYA
AGED ABOUT 58 YEARS
R/O V.P.KOPPALU VILLGE
HANIKE POST
BELUR TLAUK
HASAN DISTRICT-573201.
2. H.D.SUBRAMANYA
S/O H.S.DEVAPPAGOWDA
AGED ABOUT 58 YEARS
R/O HOLALAHALLI VILLAGE AND POST
SAKALESHPRUA TALUK
HASSAN DISTRICT-573201.
3. C.B.MAHESHA
S/O BASAVEGOWDA
AGED ABOUT 52 YEARS
R/O CHEELANAYAKANAHALLI VILLAGE & POST
HALEBEEDU HOBLI, BELUR TALUK
HASSAN DISTRICT-573201.
4. RENUKAKUMAR K.S.
S/O LATE SRI K R SIDDALINGAIAH
AGED ABOUT 50 YEARS
R/O SANGAMESHWARA EXTENSON
1ST STAGE, OPP.SANGAMESHWARA TEMPLE
HASSAN DISTRICT-573201. ... PETITIONERS
(By Sri SUMANTH L.BHARADWAJ, ADV.)
WP.26967/2017
& WPs.33439-33441/2017
2
AND
1. THE STATE OF KARNATAKA
REP BY ITS PRINCIPAL SECREARY
REVENUE DEPARTMENT
VIKASA SOUDHA, BANGALORE-560001.
2. THE DEPUTY COMMISIONER
HASSAN DISTRICT
HASSAN-573201
3. THE ASSISTANT COMMISSIONER
BELUR TALUK
HASSAN DISTRICT-573134
4. THE THASILDHAR
BELUR TALUK
HASSAN DISTRICT-573134. ... RESPONDENTS
(By Smt.PRAMODINI KISHAN, AGA)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT
OF MANDAMUS AGAINST THE RESPONDENTS THEREBY
DIRECTING THEM TO GRANT 10 ACRES OF LAND EACH IN
FAVOUR OF THE PETITIONERS IN SY.NO.16 OF HAKKIHALLI
VILLAGE, HALEBEEDU HOBLI, BELUR TALUK, HASSAN DISTRICT,
THE COPY OF RTC EXTRACTS OF THE SAID LAND IS HEREWITH
SUBMITTED AS ANNEX-A.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. Petitioners are all ex-servicemen. They have served in Indian Defence Service. They applied for grant of land in Hassan District under category of Soldiers and Ex-servicemen claiming that they were landless persons. The said applications WP.26967/2017 & WPs.33439-33441/2017 3 were rejected on 06.02.2015 as the authorities found that there were no lands available in Shettigere, Hunasekere and Ramanalli villages of Belur Taluk in Hassan District for grant. This order was challenged before this Court in W.P.Nos.16355- 16360/2015. This Court directed the authorities to pass appropriate orders in the matter as no order had been passed on the applications filed and only an endorsement had been issued. This order passed by this Court is produced at Annexure-G.
2. Grievance now made by the petitioners in these writ petitions is that though this Court has disposed of the writ petitions on 16.03.2016 quashing the endorsements and reserving liberty to the respondent - authorities to pass appropriate orders with regard to the applications filed by petitioners, no action has been, so far, taken by the respondent
- authorities. In this background, petitioners have approached this Court seeking a direction to grant 10 acres of land to each of the petitioners in Sy.No.16 of Hakkihalli Village, Halebeedu Hobli, Belur Taluk, Hassan District. According to the petitioners, this is one of the notified lands available for allotment to ex-servicemen under their quota. WP.26967/2017
& WPs.33439-33441/2017 4
3. I have heard the learned counsel for the petitioners and the learned Additional Government Advocate. It is submitted by the learned Additional Government Advocate, on instructions from the Tahsildar, Belur Taluk, that applications filed by petitioners would be considered in accordance with law for grant of land depending on the availability in any of the places in Hassan District.
4. In the light of the submission made by the learned Additional Government Advocate, these writ petitions are disposed of with a direction to respondents 2 to 4 to consider the applications filed by petitioners for grant of land under ex- servicemen quota in accordance with law within an outer limit of four months from the date of receipt of a copy of this order. Availability of land in Sy.No.16 of Hakkihalli Village, Halebeedu Hobli, Belur Taluk, Hassan District, shall also be kept in mind by respondents 2 to 4 while considering the applications of the petitioners.
Sd/-
JUDGE PKS