Karnataka High Court
Harshavardhan Y D vs State Of Karnataka on 14 October, 2020
Author: B.M.Shyam Prasad
Bench: B. M. Shyam Prasad
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF OCTOBER 2020
BEFORE
THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD
WRIT PETITION NO.31791/2017 (KLR/LG)
BETWEEN :
HARSHAVARDHAN Y.D.
S/O. A. DEVAPPA,
AGED ABOUT 34 YEARS,
R/O. NO.3784/1,
BALEGAR STREET,
HASSAN -573201.
... PETITIONER
(BY SRI. SUMANTH L. BHARADWAJ, ADVOCATE)
AND :
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
BANGALORE - 01.
2. THE REGIONAL COMMISSIONER
MYSORE DIVISION
MYSORE - 573211.
3. THE DEPUTY COMMISSIONER
KODAGU DISTRICT,
MADIKERI - 571201.
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4. THE ASSISTANT COMMISSIONER
MADIKERI SUB DIVISION
MADIKERI, KODAGU DISTRICT - 571201.
5. THE THASILDHAR
SOMAVARPET TLAUK,
KODAGU DISTRICT,
MADIKERI - 571201.
... RESPONDENTS
(BY SRI. Y.D. HARSHA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS TO GRANT FURTHER 1.80 ACRES OF LAND AS
ORIGINALLY PROPOSED IN SY.NO.28/5, SITUATED AT
KELAKODLI VILLAGE, KODLIPETE HOBLI, SOMAVARPETE
TALUK, KODAGU DISTRICT, IN FAVOUR OF THE PETITIONER
AND FURTHER TO RELAX THE CONDITION OF BAR OF
PERMANENT ALIENATION ON THE GRANTED LAND .
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The learned Counsel for the petitioner and the learned Additional Government Advocate are heard.
2. The petitioner, an Ex-Serviceman, by the impugned Order dated 18.01.2016 is granted five acres of land in Sy. No.28/5 of Kelakodli Village, Kodlipete Hobli, 3 Somavarpete Taluk [Subject Property]. The petitioner's grievance is that while issuing the impugned Order dated 18.01.2016, the first respondent has not complied with the specific direction issued by this Court in a writ petition in W.P. No.26700/2013 and connected matters which are disposed of on 25.08.2014. This Court insofar as the petitioner's writ petition filed in W.P. No.7000/2014 has directed the first respondent to consider the petitioner's application for grant of land measuring six and half acres in Sy. No.28/5 of Kelakodli Village, Kodlipete Hobli, Somavarpete Taluk accepting the Deputy Commissioner's recommendation. The learned Counsel for the petitioner points out that the Deputy Commissioner's recommendation on 11.04.2011 [as per Annexure-C] is for grant of six and half acres, and submits that the first respondent as such ought to have granted six and half acres.
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3. The learned Additional Government Advocate, placing reliance upon Rule 7[1][ii] of the Karnataka Land Grant Rules, 1969 [for short 'the Rules'], submits that the grant of land for agricultural purposes cannot exceed two hectares. In view of this provision, the petitioner is granted five acres which corresponds to two hectares. The Deputy Commissioner's recommendation is for agricultural land, and as such grant of five acres viz., the subject property is justified and there is no reason for interference.
4. However, the learned Counsel for the petitioner draws the attention of the Court to the RTC enclosed to the writ petition as Annexure-A and submits that the petitioner is cultivating coffee and pepper which are plantation crops, and because of the second proviso to Rule 7[2] of the Rules, it would be open for the first respondent to consider the petitioner's request for grant of the entire 6.8 acres as the 5 upper limit for grant of land for cultivation of plantation crops is four hectares.
5. The learned Counsel for the petitioner, as regards the second prayer viz., condition imposing permanent bar against alienation of the land granted to the petitioner, submits that in terms of Rule 9[1] proviso, it would be open to the competent Officer to permit alienation or transfer after a period of five years from the date of the grant. The learned Additional Government Advocate in response, submits that the petitioner cannot have any grievance in this regard inasmuch as no application for such permission is made. If the application is indeed made seeking permission for alienation of the land in terms of the aforesaid provision, the Deputy Commissioner would have considered the same in accordance with law.
6. The provisions of Rule-7 of the Rules read as under:
6"7. Extent of land to be granted -
[1] Subject to the provisions of Rule 108-I of the Karnataka Land Revenue Rules, 1966 -
[i] the Deputy Commissioner shall be competent to grant land for agricultural purposes other than cultivation of plantation crops not exceeding two hectares of dry land and one hectare of wet land or garden land including present holdings; [ii] the Deputy Commissioner of a District shall be competent to grant land for the purpose of cultivation of plantation crops not exceeding two hectares including present holdings;
[iii] the Deputy Commissioner may subject to the provisions of sub-rule [3] of Rule 10 of the Karnataka Land Grant Rules, 1969, grant land for non-agricultural purposes other than building sites not exceeding half hectare subject to the collection of market value, and conversion fee to be determined by him.
[2] Any case for grant of land in excess of the extent specified in sub-clauses [i], [ii] and [iii], the proposals shall be submitted to Government for sanction:
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Provided that notwithstanding anything contained in these rules the extent of land that may be granted for agricultural purposes other than cultivation of plantation crops to any individual under this rule shall not exceed two hectares of dry land or one hectare of wet land or garden land as the case may be:
Provided further that, the extent of land that may be granted for the purposes of cultivation of plantation crops to any individual under this rule shall not exceed four hectares."
7. It is obvious from these provisions that any proposal for grant of land in excess of two hectares even for cultivation of plantation crops will have to be submitted to the Government for sanction, and the grant of land for cultivation of the Plantation Crops, can be considered by the Government subject to the condition that the grant of land for such purposes does not exceed four hectares.8
8. The First Respondent while granting five acres of land to the petitioner has proceeded in the premise that the petitioner's request is for grant of land for agricultural purposes. If the petitioner submitted his application intending to use the granted land for cultivation of plantation crops and if the petitioner is indeed utilizing the land granted for cultivation of plantation crops, it would be open to the petitioner, in terms of the aforesaid provision, to make an application for grant of the additional extent of one and half acres. The Authorities will have to consider the same in accordance with Rule 7 of the Rules after necessary processes including inspection of the Subject property to ascertain the availability of land and whether the subject property is used for cultivation of plantation crops.
9. The learned Additional Government Advocate insofar as the second prayer viz., prayer for permission to alienate the Subject Property or any part thereof after a 9 period of five years, has submitted that no application is submitted and without such application, there cannot be any permission for alienation. This indeed would be true and indubitable. However, it would not mean that the petitioner will not be entitled to make an application seeking permission for relaxation as contemplated under Rule 9 of the Rules. For the foregoing, the following:
ORDER [a] The Writ Petition is disposed of reserving liberty to the petitioner to make an application within a period of four weeks from the date of receipt of a certified copy of this order, with the jurisdictional Deputy Commissioner requesting for grant of additional extent of one and half acres Sy. No.28/5 of Kelakodli Village, Kodlipete Hobli, Somavarpete Taluk for the purposes of cultivation of plantation crops.
[b] If the Petitioner accordingly submits application, the jurisdictional Deputy 10 Commissioner shall forward the proposal to the State Government as contemplated under Rule-7 of the Rules within a period of four months from the date of receipt of the application after ensuring that there is inspection to ascertain the availability of the land and that the Petitioner is using the Subject Property for cultivation of Plantation Crops and.
[b] The petitioner is also reserved liberty to make an application for permission under Rule-9 of the Rules for permission to alienate and if such application is made, the Deputy Commissioner shall consider the same strictly in accordance with law.
SD/-
JUDGE AN/-