Karnataka High Court
Narsappa And Ors vs The State Of Karnataka And Ors on 19 July, 2022
Author: S. Vishwajith Shetty
Bench: S. Vishwajith Shetty
1 W.P.No.201772/2022
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 19TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY
WRIT PETITION No.201772/2022 (KLR-LG)
BETWEEN:
1. Narsappa S/o Mareppa,
Age: 55 years, Occ: Carpenter,
R/o H.No.8-8-86, Harijanwada,
Ambedkar Nagar, Raichur-584101.
2. Manjula W/o Mohan Raj,
Age: 40 years, Occ: Household,
R/o H.No.1-11-128/15,
Ramanjeya Colony,
Near Methodist Church, Rly. Station,
Raichur-584101.
3. Ramlingamma D/o Lenkappa,
Age: 30 years, Occ: Household,
R/o H.No.1-4-489/79,
Ambedkar Nagar, Behind Mother
Trust School, I.B.Road,
Raichur-584101.
4. Narsamma W/o Narsappa,
Age: 52 years, Occ: Household,
R/o H.No.8-8-86, Dr. B.R.Ambedkar Nagar,
Harijanwada, Dist. Raichur-585401.
2 W.P.No.201772/2022
5. Mohan Raj S/o Hanmantappa,
Age: 45 years, Occ: Private work,
R/o H.No.1-11-1128/15,
Ramanjaneya Colony, Rampur Road,
Beside Methodist Church, Nr. Rly. Station,
Dist. Raichur-584101.
... Petitioners
(By Sri. Jayanandayya, Advocate)
AND:
1. The State of Karnataka,
represented by its Principal,
Secretary, Revenue Department,
M.S.Building, Vidhana Veedhi,
Bangalore-560001.
2. Deputy Commissioner Raichur,
District Raichur-584101.
3. The Assistant Commissioner,
Raichur, Dist. Raichur-584101.
4. The Tahasildar Raichur,
Dist. Raichur-584101.
... Respondents
(By Sri Veeranagouda Malipatil, HCGP)
This writ petition is filed under Articles 226 & 227
of the Constitution of India, praying to issue a writ in
the nature of mandamus or directions or order directing
the respondent's authorities to consider the petitioner's
applications under Rule-18-A, Karnataka Land Grant
Rules 1969 dated 28.03.2022 Annexure-A, A1 to A4 in
any existing schemes and etc.
3 W.P.No.201772/2022
This petition coming on for Preliminary Hearing this
day, the Court made the following:
ORDER
The petitioners herein have filed the instant writ petition seeking for writ of mandamus directing the respondents to consider the petitioners applications filed under Rule-18-A Karnataka Land Grant Rules, 1969 dated 28.03.2022 vide Anneuxres-A, A1 to A4 in any existing schemes.
2. Heard the learned counsel for the petitioners as well as the learned High Court Government Pleader appearing for respondents.
3. The petitioners contend that the land bearing Sy.No.27 totally measuring 06 acres 36 guntas of Aralibenchi Village, Kalmala Hobli, Raichur Taluk and District is a Government land and the petitioners have made an applications for grant of house site as provided under Rule 18-A Karnataka Land Grant Rules 1969. It is 4 W.P.No.201772/2022 their grievance that though the said applications have been filed on 28.03.2022, the same is not considered till date and therefore they have sought for writ of mandamus.
4. Rule 18-A Karnataka Land Grant Rules 1969 reads as follows ;-
"Rule 18-A. Grant of land for House Site Scheme, etc. -Notwithstanding anything contained in these rules. -
(i) the Deputy Commissioner may make available the land belonging to the State Government for the purpose of grant of house sites to sitless persons under any scheme as may be framed by the Government for time to time;
(ii) committee, if any, constituted under such scheme shall subject tot the general or special orders of the Government in the concerned Department select the beneficiaries under the relevant scheme and send the list of selected beneficiaries to the Tahsildar; and 5 W.P.No.201772/2022
(iii) the Tahasildar or any other officer specified by the Government shall on receipt of such list of selected beneficiaries grant house sites to the beneficiaries and also issue grant certificate in such manner and subject to such restrictions and conditions as may be specified by the concerned Department of the Government from time to time.
5. From the reading of the said Rule, it is very clear that at the first stage the Deputy Commissioner is required to identify the land belonging to the State Government for the purpose of grant of the house sites in the said land to the siteless persons under any scheme as may be framed by the Government from time to time. At the second stage, the Committee constituted under such scheme by the special orders of the Government is required to select the beneficiaries under the relevant scheme and send the list of the selected beneficiaries to the Tahasildar. Thereafterwards, Tahasildar or any other person specified by the Government on receipt of such list of selected 6 W.P.No.201772/2022 beneficiaries grant house sites to the beneficiaries and also issue grant certificate to them in accordance with law.
6. In the case on hand, the petitioners have not pointed out to this Court that the Deputy Commissioner in exercise of his power under Rule 18-A(i) of the Karnataka Land Grant Rules 1969 has identified any land for the purpose of granting of house sites to the siteless persons under any scheme framed by the Government or that the Committee constituted under such scheme has selected the beneficiaries and list of selected beneficiaries has been already prepared by them. It is also not the case of the petitioners that their name is found in the selected list.
7. Unless the name of the petitioners are found in the list of selected beneficiaries, no mandamus can be issued to the Tahasildar or any other Officer specified by the Government for granting the house sites for 7 W.P.No.201772/2022 issuance of the grant certificate to the petitioners under Rule 18-A of the Karnataka Land Grant Rules, 1969. However, it is open for the petitioners to approach the Committee constituted under Rule 18-A(ii) of the Karnataka Land Grant Rules, 1969 and make necessary applications to include them in the list of beneficiaries for allotment of sites.
8. It is needless to say that if the petitioners name are included in the list of selected beneficiaries by the Committee constituted by the Government under its scheme and on receipt of such selected beneficiaries from the Committee, the Tahasildar shall proceed further to grant the house sites to such beneficiaries whose name is found in the list of selected beneficiaries forwarded by the Committee. Accordingly, the writ petition is disposed of.
9. Since the applications under Rule 18-A of the of the Karnataka Land Grant Rules, 1969 have been 8 W.P.No.201772/2022 already filed by the petitioners before the first respondent - Deputy Commissioner in the month of March, 2022, he shall verify the same and take necessary steps to forward the said applications to the Committee that is constituted under Rule 18-A(ii) of the of the Karnataka Land Grant Rules, 1969.
The learned High Court Government Pleader is permitted to file his memo of appearance within two weeks.
Sd/-
JUDGE Srt CT-SMP