Karnataka High Court
Smt. Devamma vs The State Of Karnataka on 14 November, 2017
Author: S.N.Satyanarayana
Bench: S.N.Satyanarayana
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF NOVEMBER 2017
BEFORE
THE HON'BLE MR.JUSTICE S.N.SATYANARAYANA
WRIT PETITION NOS.13673-13680/2016(KLR-REG)
C/W WRIT PETITION NOS.24968-24973/2016 (KLR-REG)
WRIT PETITION NOS.13673-13680/2016(KLR-REG)
BETWEEN
1. SMT. DEVAMMA
W/O SIDDAPPA,
AGED ABOUT 50 YEARS,
2. SRI.RANGASWAMY
S/O KRISHNAPA,
AGED ABOUT 50 YEARS,
3. RUDRAPPA @ RUDRESHA
S/O KARISIDDAPPA,
AGED ABOUT 50 YEARS,
4. SMT. MANJULA
W/O LATE RAVI (S/O THIPPAIAH)
AGED ABOUT 42 YEARS,
5. SRI.RANGAPPA
S/O HULLUMANE RANGAPPA
AGED ABOUT 65 YEARS,
6. SRI.N.SIDDESHI
S/O LATE NAGESHAPPA AND LATE JAYAMMA,
AGED ABOUT 33 YEARS,
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7. SMT. RATHNAMMA
D/O LATE CHANNABASAPPA,
AGED ABOUT 58 YEARS,
BATTADA RASTHE
8. SRI.G.R.MANJUNATH
S/O RUDRAMUNI,
AGED ABOUT 45 YEARS,
BATTADA RASTHE
ALL ARE R/O RAAMAGIRI
HOLALKERE TALUK
CHITRADURGA DISTRICT-577526 ... PETITIONERS
(BY SRI G.R.SRINIVAS, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE,
REPRESENTED BY ITS SECRETARY,
VIDHANA SOUDHA,
BANGALORE-560 001
2. THE COMMITTEE FOR REGULARISATION
OF UNAUTHORISED CULTIVATION,
HOLALKERE TALUK
CHITRADURGA DISTRICT
REPRESENTED BY ITS
SECRETARY/TAHASILDAR
HOLALKERE-577526
3. THE TAHASILDAR
HOLALKERE TALUK
CHITRADURGA DISTRICT-577526
4. THE DEPUTY DIRECTOR
AMRUTHA MAHAL BREED
RARE CENTRE, AJJAMPURA
THARIKERE TALUK
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CHIKKAMAGALURU
DISTRICT-577528 ... RESPONDENTS
(BY SRI KIRAN KUMAR.T.L, AGA)
W.P.NOS.13673-13680/2016 ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE
APPLICATION FILED BY THE PETITIONERS FOR
REGULARIZATION OF THEIR UNAUTHORIZED CULTIVATION
VIDE ANNXURE-C1, DTD 28.12.1998, ANNX-C2, DTD
10.03.2000, ANNX-C3 DTD 01.01.1999, ANNX-C4 DTD
10.03.2000, ANNX-C5 DTD 28.12.1998, ANNX-C6 DTD
28.12.1998, ANNX-C7 DTD 29.12.1998, ANNX-C8 DTD
28.12.1998 RESPECTIVELY AND ENDORSEMENTS ISSUED
BY THE R-3 VIDE ANNX-E,F,G,H,J,K,L AND M DTD
28.04.2006 RESPECTIVELY AND ETC.,
WRIT PETITION NOS.24968-24973/2016
BETWEEN
1. SRI HANUMANTHAPPA
S/O RANGAPPA,
AGED ABOUT 65 YEARS,
NAAYAKARA BEEDHI,
2. SMT RUDRAMMA
W/O KODANDAPPA,
AGED ABOUT 53 YEARS,
BHOVI COLONY,
3. SRI GOPALAPPA
S/O BEEDIRA RANGAPPA,
AGED ABOUT 55 YEARS,
NEAR GOLLARAHATTI,
4. SRI MADHAKARI NAYAKA
S/O RUDRASWAMY,
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AGED ABOUT 50 YEARS,
5. SRI HEMANNA
S/O SANNA THIPPAIAH,
AGED ABOUT 54 YEARS,
6. RANGASWAMY
S/O SIDDALINGAPPA,
AGED ABOUT 50 YEARS,
ALL ARE R/O RAAMAGIRI,
HOLALKERE TALUK,
CHITRADURGA DISTRICT-577 526. ... PETITIONERS
(BY SRI G.R.SRINIVAS, ADVOCATE)
AND
1. THE STATE OF KARNATAKA,
DEPARTMENT OF REVENUE,
REPRESENTED BY ITS SECRETARY,
VIDHANA SOUDHA,
BANGALORE-560001
2. THE COMMITTEE FOR REGULARISATION
OF UNAUTHORISED CULTIVATION,
HOLALKERE TALUK,
CHITRADURGA DISTRICT,
REPRESENTED BY IT'S
SECRETARY/TAHASILDAR,
HOLALKERE -577 526.
3. THE TAHASILDAR,
HOLALKERE TALUK,
CHITRADURGA DISTRICT-577 526.
4. THE DEPUTY DIRECTOR,
AMRUTHA MAHAL BREED,
RARE CENTRE AJJAMPURA,
THARIKERE TALUK,
-5-
CHIKKAMAGALUR,
DISTRICT-577528. ... RESPONDENTS
(BY SRI KIRAN KUMAR.T.L, AGA)
WRIT PETITION NOS.24968-24973/2016 ARE FILED
UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF
INDIA PRAYING TO DIRECT THE RESPONDENTS TO
CONSIDER THE APPLICATION FILED BY THE PETITIONERS
FOR REGULARIZATION OF THEIR UNAUTHORIZED
CULTIVATION VIDE ANNX-C1 DATE 28.12.1998, ANNX-C2,
DTD. 28.12.1998, ANNX-C3 DTD. 28.1.1999, ANNX-C4 DTD.
10.3.2000, ANNX-C5 DTD. 29.3.2000 AND ANNX-C6 DTD.
10.3.2000 RESPECTIVELY AND ENDORSEMENTS ISSUED BY
THE R-3 VIDE ANNX-E, F, G, H, J & K DTD. 28.4.2006
RESPECTIVIELY.
THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Since common questions of law and facts are involved in these writ petitions, they are clubbed together, heard and disposed of by this common order.
2. Petitioners herein are seeking direction to 2nd respondent - the Committee for Regularization of Unauthorized Cultivation of Holalkere Taluk, Chitradurga District to consider their applications, which are at -6- Annexures-C1 to C8 and C1 to C6, respectively for regularization of their alleged unauthorized cultivation of several lands in Sy.No.1 of Haroguthi Kaval, Ramagiri, Holalkere Taluk, Chitradurga District.
3. In support of the right to seek regularization of cultivation of aforesaid land, the petitioners tried to rely upon the judgment rendered by the Division Bench of this Court in the matter of the State of Karnataka, by its Secretary, Revenue Department and Others -vs- Holeyappa and Others, reported in ILR 2007 KAR 259, wherein it is observed as under:
" The unauthorized occupants of government lands are depending upon such lands for themselves and their family members livelihood, if the same is deprived of, it amounts to infringement of their fundamental right guaranteed under Articles 19(1)(e)(g) and 21 of the Constitution of India - FURTHER HELD, The order of learned Single Judge is one such which deprives the right of seeking regularization of unauthorized cultivation and the livelihood of the unauthorized occupants and their family members."-7-
4. Per contra, the learned Additional Government Advocate would bring to the notice of this Court that the aforesaid judgment cannot be applied to the facts of this case for the reason that on facts it is distinguishable to the facts of the case on hand. He would state that the judgment which is rendered in the aforesaid matter is with reference to lands classified as gomal lands, which are the properties of revenue department of Government available for distribution to the persons, who are in unauthorized occupation of said lands under Sections 94A and B of the Karnataka Land Revenue Act, 1964. Further, he would bring to the notice of this Court by filing a memo that the lands situated in Sy.No.1 of Haroguthi Kaval, Ramagiri, Holalkere Taluk, Chitradurga District, are not released in favour of revenue department and no notification is issued in respect of the same.
5. The learned Additional Government Advocate would also bring to the notice of this Court in the said memo that the land bearing Sy.No.1 is reserved as Amrutha Mahal -8- Kaval for grazing of the Cattle of villagers and reserved as such. In this regard, he would bring to the notice of this Court the earlier judgment rendered by the Division Bench of this Court in the matter of Kariyappa s/o Thimmappa and others -vs- The Tahsildar and others in Writ Petition No.17954/1997, disposed of on 20.3.2001 and submits that the said judgment would have bearing to the facts of the case directly, for the reason that in said writ petition what was considered is question of granting land in Gangasamudra village, which was also reserved as Amrutha Mahal Kaval.
6. On going through the judgment of Division Bench in W.P.No.17954/1997 it is seen that while disposing of said writ petition, the Division Bench has observed as under and has rejected the applications filed by various persons seeking occupancy right in respect of the lands reserved as Amrutha Mahal Kaval. The relevant paragraph reads as under:
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"13 In view of above discussion, this writ petition is allowed. A writ in the nature of mandamus is issued to the respondents in the following terms:
i) To preserve and protect the land in S.No.1 of Ramagiri Amruth Mahal Kaval, Gangasamudra village, Holalkere Taluk, Chitradurga District, measuring an extent of 3040 acres which is admittedly Amruth Mahal Kaval land, as a gomal land; and,
ii) To take immediate and appropriate steps as per the provisions of the Act and Rules for removal of encroachment of this land and to take suitable action against any illegal occupants found in unauthorized possession or cultivation of any extent of land in this survey No.1.
iii) The respondents are further directed to report the action taken as per the directions in this writ petition after a period of three months from the date of a receipt of a copy of this order by publishing the same at the village chavadi and Tahsildar's office and also publish the same in a prominent vernacular news daily of the area and to submit a report in this regard to this Court"
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7. In the fact situation, this Court find that the principle laid down by the Division Bench in WP.No.17954/1997 is required to be followed, which squarely apply to the facts of the case on hand and also to the prayer of petitioners in seeking regularization of their unauthorized cultivation in respect of Amrutha Mahal Kaval lands.
Accordingly, these writ petitions are dismissed for the aforesaid reasons.
Sd/-
JUDGE nd/-